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PEOPLE v. GETCH

50 N.Y.2d 456 (1980)

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

Court of Appeals of the State of New York.

Decided June 5, 1980.

Attorney(s) appearing for the Case

Judith L. Turnock and William E. Hellerstein for appellant in the first above-entitled action.

Eugene Gold, District Attorney (Eugene H. Scher of counsel), for respondent in the first above-entitled action.

Susan C. Thon and William E. Hellerstein for appellant in the second above-entitled action.

Mario Merola, District Attorney (Charles L. Bach, Jr., Alan D. Marrus and Steven R. Kartagener of counsel), for respondent in the second above-entitled action.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.

WACHTLER, J.

The question in these cases is whether the court in charging the jury on intent unconstitutionally shifted the burden of proof from the prosecutor to the defendant. In each case the Appellate Division has upheld the conviction. The defendants appeal claiming that the Supreme Court's recent decision in Sandstrom v Montana (442 U.S. 510) requires reversal and...

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