People v. Sowell

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 7, 1976, convicting him of burglary in the second degree, and robbery in the second 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. Due to the various errors committed at trial, it is necessary to reverse and order a new trial. First, one challenged portion of the charge is essentially identical to a charge held to be reversible error because the charge " 'in essence, instructed the jury…