PEOPLE v. ROBINSON


88 N.Y.2d 1001 (1996)

671 N.E.2d 1266

648 N.Y.S.2d 869

The People of the State of New York, Respondent, v. Norma Jean Robinson, Appellant.

Court of Appeals of the State of New York.

Decided September 10, 1996.


Attorney(s) appearing for the Case

Stephen J. Pittari, White Plains, and Jacqueline F. Oliva for appellant.

Jeanine Pirro, District Attorney of Westchester County, White Plains (Maryanne Luciano of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

After a jury trial, defendant was convicted, as an accomplice, of rape in the first degree and sexual abuse in the first degree. On her appeal to the Appellate Division, defendant contended, among other things, that the trial court's instruction to the jury on reasonable doubt impermissibly shifted the burden of proof. The majority of the Appellate Division held that this contention was unpreserved...

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