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PEOPLE v. SOTO

38 A.D.2d 734 (1972)

The People of the State of New York, Respondent, v. Fernando Soto, Appellant

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

January 17, 1972

Judgment reversed, on the law and in the interests of justice, and new trial ordered.

In our opinion, the trial court's instructions and reinstructions to the jury concerning the defense of justification were confusing and, in effect, imposed upon defendant the burden of proving that defense by a fair preponderance of the evidence. This was reversible error, as the People have the burden of disproving a defense of justification, beyond a

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