People v. Hernandez

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered November 3, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal use of a firearm in the first degree, and sentencing him to concurrent terms of 12V2 to 25 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence imposed to concurrent terms of 10 to 20 years, and otherwise affirmed.

In charging the jury on the defense of justification, the court properly included the principle of duty to retreat and properly declined to include the…