A judge's failure "to explicitly convey that a finding of justification on the top count precluded further deliberation" on the lesser counts requires a new trial for a man convicted of assault but not attempted murder, the First Department ruled.
July 07, 2015 at 08:00 AM
1 minute read
A judge’s failure to properly instruct a jury on the law of self-defense requires a new trial of Daniel Velez on murder and assault charges, the Appellate Division, First Department, ruled last week.
Velez was convicted by a Bronx jury in 2013 on assault charges, but the jury declined to convict him of attempted murder in the second degree, the top count.
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