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PEOPLE v. UMALI

10 N.Y.3d 417 (2008)

888 N.E.2d 1046

859 N.Y.S.2d 104

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAIAS UMALI, Appellant.

Court of Appeals of the State of New York.

Decided May 6, 2008.

Attorney(s) appearing for the Case

Carter Ledyard & Milburn LLP, New York City (Alan S. Lewis and Michael Shapiro of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Susan Axelrod and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

The primary issues in this case are whether defendant's right to counsel was violated when the trial court prohibited his attorney from speaking to him about his testimony during a trial recess and whether the court's instructions to the jury regarding defendant's justification defense improperly shifted the burden of proof to defendant. We conclude that there was no deprivation...

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