People v. Hernandez

— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 20, 1977, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No issue has been presented with respect to the facts. "In determining the requirements of the court’s charge to the jury * * * defendant is entitled to the 'most favorable view of the record’ ” (see People v Steele, 26 NY2d 526, 529). Viewing the record in the light most favorable to him, it…