The defendant did not testify, and his counsel did not request a charge on justification. It was only when the jury raised the question, as delineated in the dissent, that it became a matter of moment. The Judge then ruled, as a matter of law, that the defense of justification was not before the jury, and we affirm. The question of who had the burden of proof on that issue and the fact that it was the People's burden to disprove such a defense (see People v Steele...
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