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People v. Beslanovics

440 N.E.2d 1322, 57 N.Y.2d 726, 454 N.Y.S.2d 976, 1982 N.Y. LEXIS 3654
CourtNew York Court of Appeals
DecidedOctober 7, 1982
StatusPublished
Cited by120 cases

This text of 440 N.E.2d 1322 (People v. Beslanovics) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Beslanovics, 440 N.E.2d 1322, 57 N.Y.2d 726, 454 N.Y.S.2d 976, 1982 N.Y. LEXIS 3654 (N.Y. 1982).

Opinion

opinion of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed and indictment dismissed. The trial court’s failure to honor defense counsel’s timely request for a charge that the People bear the burden of proving each and every element of the crime charged beyond a reasonable doubt requires reversal (People v Newman, 46 NY2d 126).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

October 7, 1982

On the court’s own motion, remittitur recalled and, when returned, it will be amended to read as follows: On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed and indictment dismissed. The trial court’s failure to honor defense counsel’s timely request for a charge that the People bear the burden of proving each and every element of the crime charged beyond a reasonable doubt requires reversal (People v Newman, 46 NY2d 126). Because defendant was convicted of a lesser included offense, the indictment must be dismissed (People v Mayo, 48 NY2d 245).

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Bluebook (online)
440 N.E.2d 1322, 57 N.Y.2d 726, 454 N.Y.S.2d 976, 1982 N.Y. LEXIS 3654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beslanovics-ny-1982.