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The People of the State of New York, Respondent, v. Larry Willis, Appellant
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed and a new trial ordered. The defendant was *745 entitled, on the basis of the evidence before the jury, to the requested charge. (Penal Law, § 160.15, subd 4; People v Smith, 55 NY2d 888).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.