People v. Wise

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered February 10, 1978, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant, charged with the attempted murder of his employer, asserted the defense of mental disease or defect (see Penal Law, § 30.05). At the trial Dr. Augustus Kinzel testified that at the time the crime was committed defendant lacked substantial capacity to know what he was doing,…