People v. Kincey

Judgment, Supreme Court, New York County (Howard Bell, J.), rendered January 20, 1989, by which defendant was convicted, after a jury trial, of assault in the first degree and sentenced to an indeterminate term of 4 to 12 years in prison, unanimously reversed on the law, and a new trial ordered.

Police officers observed the defendant with a knife in his hand, chasing the victim and trying to stab him. The victim, apparently responding to the officers’ command to halt, stopped and raised his hands above his head, whereupon the defendant then stabbed the victim in the chest, plunging the knife…