People v. Willis

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY WILLIS, Appellant

Court: Court of Appeals of the State of New York

Date published: May 13, 1982

437 N.E.2d 279 (N.Y. 1982)

437 N.E.2d 279

452 N.Y.S.2d 20

Opinion

Decided May 13, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HARRY J. DONNELLY, J.

Anne L. Freedman and William E. Hellerstein for appellant.

Elizabeth Holtzman, District Attorney ( Salvatore S. Russo of counsel), for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed and a new trial ordered. The defendant was entitled, on the basis of the evidence before the jury, to the requested charge. (Penal Law, § 160.15, subd 4; People v Smith, 55 N.Y.2d 888).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.