PEOPLE v. HARI


30 A.D.2d 1046 (1968)

The People of the State of New York, Respondent, v. John P. Hari, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 31, 1968


Judgment unanimously reversed on the law and facts and a new trial granted.

Memorandum:

The finding implicit in the verdict that defendant was sane when the homicide occurred is against the weight of the evidence. "`When the defense of insanity is raised under section 1120 of the Penal Law, the People must establish on the whole case beyond a reasonable doubt both that the defendant knew the nature and quality of his act and that he knew the...

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