People v. Johnson

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 23, 1963 after a jury trial, convicting him of assault in the second degree, and imposing sentence upon him as a second felony offender. Judgment reversed on the law and new trial granted. The findings of fact implicit in the jury’s verdict are affirmed. In our opinion, it was substantial, prejudicial error for the trial court to charge) on the issue of self-defense, that defendant had a duty to retreat “ to the wall ”, if possible, before defending himself. The rule imposing that duty of retreat applies to…