Client's Conviction Reversed
On February 7, 2017, the Appellate Division, First Department reversed EB’s first-degree assault conviction due to a jury charge error. EB, who was charged with both attempted murder and first-degree assault, asserted self-defense at trial. The jury acquitted EB of attempted murder and convicted him of assault; however, the lower court never told the jury that if it acquitted EB of the top count because he was justified, it must not consider the lesser count. The Appellate Division agreed that because the jury may have acquitted EB of attempted murder based on justification, the assault conviction must be reversed in the interest of justice. Rachel T. Goldberg represented our client.