The trial court's failure to charge that justification constituted a defense to the crimes of which defendant was convicted and its failure to properly instruct the jury that the prosecution had the burden of disproving that defense beyond a reasonable doubt deprived defendant of his right to a fair trial on the primary issue raised. "Justification is a `defense' (revised Penal Law, § 35.00) — as opposed to an `affirmative defense' — and `the people have...
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