People v. Gardner

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 13, 1976, convicting him of attempted murder in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. We find that the Trial Judge’s refusal to instruct the jury with respect to the evaluation of the identification evidence, as requested by defense counsel, is reversible error. After a review of the trial minutes, it is clear that the…