People v. Neal

Judgment unanimously modified on the law and as modified affirmed and new trial granted on count one of the indictment in accordance with the following Memorandum: Supreme Court erred in denying defendant’s request for a charge on the defense of justification. Viewing the record in the light most favorable to defendant, we conclude that the evidence supports the defense (see, People v McManus, 67 NY2d 541, 545-547; People v Padgett, 60 NY2d 142, 144-145). The testimony of defendant that the injury to the victim was unintended does not defeat his entitlement to the charge (see, People v…