People v. Fuller

Appeal by defendant from a judgment of the County Court, Orange County, rendered June 16, 1977, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. As commendably conceded by the District Attorney, the court’s charge on the issue of justification was insufficient. Under circumstances where the evidence indicates that the defendant shot his victim during a time in which the victim was attempting to commit a robbery, it is error not to charge the jury that a…