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Decisions

Conviction Reversed Because of Error Regarding Justification Charge

02/27/2109

Appellant Angel Rosario was charged with, inter alia, attempted murder in the second degree and assault in the first degree.  At trial, the defense raised the defense of justification, and a justification charge was delivered to the jury.  The jury acquitted Mr. Rosario of attempted murder in the second degree, but convicted him of, inter alia, assault in the first degree.     

The Appellate Division, Second Department, reversed Mr. Rosario's conviction because the trial court's jury charge, along with the verdict sheet, failed to adequately convey to the jury that if it found Mr. Rosario not guilty of attempted murder in the second degree based on justification, it should cease deliberations and acquit him of the lesser counts of assault in the first degree and reckless endangerment in the first degree.  Accordingly, the Second Department ordered a new trial.  

Hannah Zhao briefed and argued the case on behalf of Appellate Advocates.