PEOPLE v. YOUNG

2016-00699. Ind. No. 2242/14.

166 A.D.3d 664 (2018)

84 N.Y.S.3d 898

2018 NY Slip Op 07465

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

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

Decided November 7, 2018.


Ordered that the judgment is affirmed.

The defendant was convicted of robbery in the first degree after a nonjury trial. On appeal, he contends that, in reaching its verdict, the trial court improperly shifted the burden of proof to him and violated his right against self-incrimination.

"[I]n a bench trial, it is presumed that the Judge sitting as the trier of fact made [her or] his decision based upon appropriate legal criteria" (People v Lucas, 291...

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