People v. Lyking

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Garry, J.), rendered December 10, 1986, convicting him of assault in the first degree and criminal possession of a weapon in the second 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 defendant was convicted of shooting the complainant, whom he had known for about 10 years and who was the sole eyewitness to the crime.

We find that, under the circumstances of this case,…