An upstate appeals panel has toppled a murder conviction because a judge charged the jury on an affirmative defense that had not been raised.
In People v. Brewer, 496/14, Supreme Court Justice David Egan (See Profile) of Monroe County instructed the jury on the defense of renunciation in an attempt to address an inquiry. But the Appellate Division, Fourth Department, said Egan’s effort ultimately undermined the defense.
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