People v. Dare

— Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: Defendant contends that the trial court erred in failing to charge the defense of justification with regard to the crime of assault in the second degree (Penal Law § 120.05 [3]). We agree. In its instructions to the jury the court charged the defense of justification as to the second, fourth, fifth and sixth counts of the indictment that charged defendant with assault in the second degree (Penal Law § 120.05 [7]) and attempted assault in the second degree (Penal Law §§…