People v. Blake

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered March 21, 2002, convicting her of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

Under the unusual facts of this case, the trial court erred in denying the defendant’s motion for a mistrial at the close of the codefendant’s summation. The defendant and codefendant were jointly tried on charges in connection with the stabbing of the victim. The…