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PEOPLE v. PLEASANT

174 A.D.2d 371 (1991)

The People of the State of New York, Respondent, v. Steven Pleasant, Appellant

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

June 11, 1991

The issue at trial of this matter was whether the defendant's actions constituted an assault on complainant from behind, or were justified. The court acknowledged that its supplemental instruction tended to shift the burden of proof when it charged the jury that it had to decide which version had been proven beyond a reasonable doubt. However, the court cured the error by charging that it was the People's burden to prove every element...

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