PEOPLE v. SANDERS


69 N.Y.2d 860 (1987)

The People of the State of New York, Respondent, v. Kenneth Sanders, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1987.


Attorney(s) appearing for the Case

Carol A. Zeldin and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (Seth M. Lieberman and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge ALEXANDER taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was convicted after a jury trial of several charges including attempted murder and robbery stemming from the holdup of a numbers parlor in Brooklyn. In its charge to the jury the court failed to explain the essential elements of the several charges. Nor did it instruct the jury that the prosecution had the burden...

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