PEOPLE v. GOETZ


73 N.Y.2d 751 (1988)

The People of the State of New York, Respondent, v. Bernhard Goetz, Appellant.

Court of Appeals of the State of New York.

Decided November 22, 1988.


Attorney(s) appearing for the Case

Mark M. Baker and Barry Ivan Slotnick for appellant.

Robert M. Morgenthau, District Attorney (Gregory L. Waples and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The trial court did not err in instructing the jury that, if it found that the People had proved each of the elements of the crime beyond a reasonable doubt, it "must" find defendant guilty. It is well settled that the jury's function is to apply the legal definition of the crime to the evidence and to convict if it is satisfied that each of the elements...

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