People v. Gofer

Judgment, Supreme Court, Bronx County, rendered on January 16, 1974, after trial, Convicting defendant of felony murder and possession of a weapon as a felony, unanimously reversed, on the law, the facts and in the interests of justice, and a new trial directed. A close question was presented as to whether this defendant participated in the robbery during which the slaying occurred. On this record we conclude that the court committed reversible error when it charged the elements of the affirmative defense to felony murder set forth in subdivision 3 of section 125.25 of the Penal Law, which…