PEOPLE v. MCMANUS


67 N.Y.2d 541 (1986)

The People of the State of New York, Respondent, v. Jerry McManus, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 1986.


Attorney(s) appearing for the Case

Hillard Wiese and Philip L. Weinstein for appellant.

William L. Murphy, District Attorney (Paul J. Angioletti and Karen F. McGee of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.


HANCOCK, JR., J.

Justification is a defense to depraved indifference murder and, where evidence supporting the defense has been presented, refusal to instruct the jury that the People must disprove justification beyond a reasonable doubt is reversible error. We, therefore, reverse the order of the Appellate Division which affirmed defendant's conviction and remit for a new trial.

Defendant was indicted...

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