PEOPLE v. JACKSON


208 A.D.2d 862 (1994)

618 N.Y.S.2d 57

The People of the State of New York, Respondent, v. David Jackson, Appellant

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

October 24, 1994


Ordered that the judgment is affirmed.

It is incumbent upon a defendant who seeks to avail himself of the "non-slayer" affirmative defense contained in Penal Law § 125.25 (3), "by way of mitigation, to demonstrate that his culpability is relatively minor and that he should not be held answerable to a felony murder charge. * * * [I]t is his burden to persuade the jury that he had `nothing to do with the killing itself...

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