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PEOPLE v. TARBELL

120 A.D.2d 966 (1986)

The People of the State of New York, Respondent, v. Daniel Tarbell, Appellant

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

May 23, 1986

Judgment unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him, after a jury trial, of burglary in the second degree, defendant argues that the court's instructions on intent impermissibly shifted the burden of proof to him (Sandstrom v Montana, 442 U.S. 510). We disagree. The language in the court's charge did nothing more than create a permissive inference on intent and did not intimate that defendant...

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