People v. Rainey

Appeal by defendant from a judgment of the County Court, Nassau County, rendered March 29,1968, convicting him of manslaughter in the first degree, upon a jury verdict, and sentencing him to an indeterminate prison term of 10 to 20 years. Judgment reversed, on the law, and new trial ordered. The findings of fact below are affirmed. In our opinion, the learned trial court improperly charged the jury that defendant had an affirmative duty to retreat even if he was confronted by a felonious assailant, or assailants, who allegedly brandished knives. When a person is feloniously attacked by…