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PEOPLE v. TORAIN

266 A.D.2d 322 (1999)

698 N.Y.S.2d 501

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL TORAIN, Appellant.

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

Decided November 8, 1999.

Ordered that the judgment is affirmed.

The defendant contends that the court erred by charging the jury that the People did not have the burden to prove motive, and by refusing to charge that the jury could consider motive or lack of motive in their deliberation. While the court erred in failing to instruct the jury on the question of motive or lack of motive in determining the defendant's guilt or innocence (see, People...

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