PEOPLE v. GETCH


68 A.D.2d 891 (1979)

The People of the State of New York, Respondent, v. Anthony Getch, Appellant

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

March 5, 1979


Judgment affirmed.

Particularly in light of the fact that the defense theory upon trial was that defendant was too intoxicated at the time the crimes in question were committed to be able to form the requisite criminal intent, defendant complains that the traditional charge of the trial court on intent constituted a shifting of the burden of proof and, hence, was prejudicial error. The charge given was as follows: "Upon the question of intent, you may infer that a...

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