PEOPLE v. WILLIS

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.