| People v Kareem |
| 2017 NY Slip Op 01994 [148 AD3d 550] |
| March 21, 2017 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Kevin Kareem, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), forappellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), forrespondent.
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, andsentencing him to a term of 5 years, unanimously reversed, as a matter of discretion in theinterest of justice, and the matter remanded for a new trial.
As in People v Velez (131AD3d 129 [1st Dept 2015]), the court's jury charge failed to convey that an acquittal on thetop count of first-degree assault based on a finding of justification would preclude considerationof the remaining charges. We find that this error was not harmless and warrants reversal in theinterest of justice (see e.g. People vBlackwood, 147 AD3d 462 [1st Dept 2017]; People v Flores, 145 AD3d 568 [1st Dept 2016]). We haveconsidered and rejected the People's various arguments for affirmance.
Since we are ordering a new trial, we find it unnecessary to reach defendant's remainingcontentions. Concur—Acosta, J.P., Renwick, Manzanet-Daniels, Webber and Gesmer,JJ.