PEOPLE v. GREEN


69 A.D.2d 842 (1979)

The People of the State of New York, Respondent, v. Herbert Green, Appellant

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

April 9, 1979


Judgment affirmed.

Although we affirm, we note that the trial court's instructions to the jury on the question of intent included the statement that "a man is presumed to intend the natural consequences of his act unless the act was done under circumstances or under conditions which precluded the existence of such an intent." Read as a whole, the court's jury instructions made it abundantly clear that the burden of proof was not shifted to the defendant

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