PEOPLE v. BRADLEY


122 A.D.2d 525 (1986)

The People of the State of New York, Respondent, v. Gary Bradley, Appellant

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

July 11, 1986


Judgment unanimously affirmed.

Memorandum:

Despite the exception and request to charge by defendant, the court erroneously instructed the jury that the burden of proving the defense of justification was on defendant. Two and one-half hours after the jury commenced deliberations, the court admitted its earlier mistake and correctly recited that the burden of proof was on the People to disprove the defense of justification beyond a reasonable doubt (Penal Law...

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