PEOPLE v. KENNEDY


85 A.D.2d 673 (1981)

The People of the State of New York, Respondent, v. Marie Kennedy and Gayle Thompson, Appellants

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

December 21, 1981


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, 26 N.Y.2d 526<...

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