PEOPLE v. RUIZ


201 A.D.2d 512 (1994)

609 N.Y.S.2d 794

The People of the State of New York, Respondent, v. Jose Ruiz, Appellant

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

February 7, 1994


Ordered that the judgment is affirmed.

The defendant contends that a comment by the trial court, delivered during its charge, impermissibly shifted the burden of proof to him. However, this isolated comment, when viewed in the context of the entire charge, did not shift the burden, since the court adequately explained the concepts of reasonable doubt and the People's burden of proof, and made it clear that the defendant bore no burden (see, People v Coleman...

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