People v. Huntley — 59 N.Y.2d 868

Majority

p. 868

The People of the State of New York, Appellant, v Charles B. Huntley, Respondent.

Argued April 27, 1983;

decided June 14, 1983

p. 869

APPEARANCES OF COUNSEL

Richard A. Hennessy, Jr., District Attorney {John A. Cirando, Gail N. Uebelhoer and Michael P. Marmor of counsel), for appellant.

Eric M. Alderman and Gerald T. Barth for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division granting a new trial should be affirmed.

We agree with the Appellate Division that it was error for the trial court to refuse to charge, as requested, a justification defense on the lesser included charge of manslaughter in the second degree. (Penal Law, §§ 125.15, 125.25.)

Since a new trial before a new jury is required by this holding, we do not now address or decide whether the defendant’s due process rights were violated by any statements made by an individual juror during the course of the jury’s deliberations.

p. 870

Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Meyer concur; Judge Simons taking no part.

Order affirmed in a memorandum.