New York Court of Appeals, 1982

People v. Willis

People v. Willis
New York Court of Appeals · Decided May 13, 1982
56 N.Y.2d 743; 437 N.E.2d 279; 452 N.Y.S.2d 20; 1982 N.Y. LEXIS 3398

People v. Willis

Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed and a new trial ordered. The defendant was *745 entitled, on the basis of the evidence before the jury, to the requested charge. (Penal Law, § 160.15, subd 4; People v Smith, 55 NY2d 888).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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