People v. Garson

Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered February 17, 1983, convicting him of murder in the second degree, upon a jury verdict, and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentences. Judgment modified, on the law, by reversing the conviction for murder in the second degree, and vacating the sentence imposed thereon. As so modified, judgment affirmed, and new trial ordered as to the charge of murder in the second degree. In light of the trial evidence that defendant may have been…