Opinion
April 8, 1985
Appeal from the Supreme Court, Queens County (Calabretta, J.).
Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.
Defendant was charged with murder in the second degree and manslaughter in the first degree in connection with the fatal stabbing of her paramour. At trial, the central issue was justification and the evidence was sufficient to permit a finding that the People disproved that defense beyond a reasonable doubt. However, the judgment must be reversed because the trial court erroneously instructed the jury to apply an objective, as opposed to a subjective, standard in assessing defendant's actions ( People v. Wagman, 99 A.D.2d 519; People v. Desmond, 93 A.D.2d 822; 1 CJI [NY] 35.00 at 848). Although no objection was taken to the charge, interest of justice review is warranted under the particular facts of this case. Titone, J.P., Thompson, O'Connor and Rubin, JJ., concur.