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PEOPLE v. MORAN

84 A.D.2d 753 (1981)

The People of the State of New York, Respondent, v. Timothy Moran, Appellant

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

November 2, 1981

Judgment reversed, on the law, and new trial ordered.

No issue has been presented with respect to the facts. Reversal is required because of the trial court's confusing and erroneous instructions to the jury. Specifically, in instructing on the defense of justification, it was error to fail to instruct that the People have the burden of disproving that defense beyond a reasonable doubt. (See People v Steele, 26 N.Y.2d 526

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