| People v Blackwood |
| 2017 NY Slip Op 00941 [147 AD3d 462] |
| February 7, 2017 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Evon Blackwood, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel),for appellant.
Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered December 12, 2014,convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a termof eight years, unanimously reversed, as a matter of discretion in the interest of justice, and thematter remanded for a new trial.
As in People v Velez (131AD3d 129 [1st Dept 2015]), the court's charge did not convey to the jury that an acquittal onthe top count of attempted murder based on a finding of justification would precludeconsideration of the other charges. We find that the error was not harmless, and that it warrantsreversal in the interest of justice (see e.g. People v Flores, 145 AD3d 568 [1st Dept 2016]; People v Delin, 145 AD3d 566[1st Dept 2016]).
In light of this determination, we find it unnecessary to reach any other issues.Concur—Friedman, J.P., Andrias, Moskowitz, Kapnick and Kahn, JJ.