Judgments reversed, on the law, and new trial ordered.
No issue has been presented with respect to the findings of fact. As conceded by the trial court, defendants raised the defense of justification under subdivision 3 of section 35.20 of the Penal Law. Therefore, the court should have instructed the jury that the prosecution had the burden of disproving the defense beyond a reasonable doubt (see People v Steele,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.