People v. DeFiore

Appeal by defendant from a judgment of the Supreme Court, Kings County, dated May 21, 1975, convicting him of attempted possession of untaxed cigarettes, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant was indicted, along with two codefendants, and charged with the crime of unlawful possession of untaxed cigarettes, as a felony, in violation of section 481 of the Tax Law. At the termination of the trial court’s charge, and in response to a request by counsel for the two codefendants, made in the…