
    The People of the State of New York, Respondent, v Larry Willis, Appellant.
    Decided May 13, 1982
    
      APPEARANCES OF COUNSEL
    
      Anne L. Freedman and William E. Hellerstein for appellant.
    
      Elizabeth Holtzman, District Attorney (Salvatore S. Russo of counsel), for respondent.
   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 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.  