People v. Curtis

BERMAN, Judge.

Defendant appeals his conviction of assault in the first degree and the use of a deadly weapon. We reverse and remand for a new trial.

The victim was shot as he entered his home one afternoon. The identity of the assailant was at issue at trial with defendant presenting the defense of alibi.

The defendant did not testify on his own behalf at trial. However, at a hearing on an amended motion for a new trial, he testified that the decision that he not testify at trial had been that of his counsel and he did not realize that he could overrule his lawyer’s decision.

I

The defendant has…