People v. Kareem

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered August 24, 2015, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him to a term of 5 years, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded for a new trial.

As in People v Velez (131 AD3d 129 [1st Dept 2015]), the court’s jury charge failed to convey that an acquittal on the top count of first-degree assault based on a finding of justification would preclude consideration of the remaining charges. We find that this…