People v. White

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), *634rendered February 1, 1985, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The trial court erred in instructing the jury as to murder in the second degree without, as requested by the defense counsel, submitting to the jury a charge on…