In 3-2 Split, Two Second Department Judges Vote to Reverse Conviction in Murder Case
Appellant Prince Clark was indicted in connection with a shooting in Brooklyn. At trial, defense counsel chose not to pursue a justification defense, explaining to the court that appellant did not want him to, and appellant was convicted of second-degree murder and second-degree assault. A divided panel of the Appellate Division, Second Department, voted 3-2 to affirm the conviction. The lengthy dissent stated that the justification defense should have been charged as a matter of law and that defense counsel was ineffective for failing to request it.
Denise Powell briefed and argued the case for Appellate Advocates.