Majority
p. 582The People of the State of New York, Respondent, v Barbara Rizzo, Appellant.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 17, 1976, convicting her of assault in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. On this record, it was error to deny defendant’s request to charge the defense of justification (see People v Steele, 26 NY2d 526 ; People v Carlos C, 58 AD2d 655 ; People v Ortiz, 52 AD2d 518 ). Damiani, J. P., Titone, Rabin and Margett, JJ., concur.
Cases cited
- People v. Steele 26 NY2d 526 p. 582