Majority
p. 884The People of the State of New York, Respondent, v Curtis Williams, Appellant. [710 NYS2d 292]
—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the charge on justification impermissibly shifted the burden of proof. County Court followed the New York Criminal Jury Instructions (see, 1 CJI[NY] 35.15 [2] [a]) and repeatedly instructed the jury that- the People had the burden of disproving the defense of justification beyond a reasonable doubt (see, People v James K., 236 AD2d 825 , 825-826, lv denied 90 NY2d 859 ). (Appeal from Judgment of Monroe County Court, Connell, J. — Criminally Negligent Homicide.) Present — Pigott, Jr., P. J., Green, Kehoe and Lawton, JJ.
Cases cited
- People v. James K. 236 AD2d 825 at 825-826 p. 884