People v. Kareem

• Decision Date: 21 March 2017
• Parties: The PEOPLE of the State of New York, Respondent, v. Kevin KAREEM, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

148 A.D.3d 550

48 N.Y.S.3d 897 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Kevin KAREEM, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

March 21, 2017.

Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered August 24, 2015, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him to a term of 5 years, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded for a new trial.

As in People v. Velez, 131 A.D.3d 129, 13 N.Y.S.3d 354 (1st Dept.2015), the court's jury charge failed to convey that an acquittal on the top count of first-degree assault based on a finding of justification would preclude consideration of the remaining charges. We find that this error was not harmless and warrants reversal in the interest of justice (see e.g. People v. Blackwood, 147 A.D.3d 462, 46 N.Y.S.3d 413 [1st Dept.2017] ; People v. Flores, 145 A.D.3d 568, 41 N.Y.S.3d 890 [1st Dept.2016] ).

We have considered and rejected the People's various arguments for affirmance.

Since we are ordering a new trial, we find it unnecessary to reach defendant's remaining contentions.

ACOSTA, J.P., RENWICK, MANZANET–DANIELS, WEBBER, GESMER, JJ., concur.