PEOPLE v. BERGE


103 A.D.2d 1041 (1984)

The People of the State of New York, Respondent, v. Brian Berge, Appellant

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

July 13, 1984


Judgment unanimously reversed, on the law, and new trial granted.

Memorandum:

The court improperly refused to instruct the jury at the defendant's request, that the People had the burden of disproving the defense of agency. On this issue, the court instructed the jurors that if they found that defendant was an agent for the buyer, this would negate an essential element of the crime charged. This instruction improperly placed the burden of proof upon...

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