People v. Davis

— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered March 15, 1979, convicting him of attempted murder in the second degree, criminal possession of a weapon in the second degree and assault 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. Reversal is required because several comments made by the trial court operated to deny the defendant his fundamental right to a fair trial. In the course of its instructions to the jury on intent, which was a…