People v. Kelly

Appellate Division of the Supreme Court of New York

People v. Kelly

64 A.D.2d 955, 404 N.Y.S.2d 141, 1978 N.Y. App. Div. LEXIS 12876

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 24, 1978

StatusPublished

Cited by3 cases

This text of 64 A.D.2d 955 (People v. Kelly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kelly, 64 A.D.2d 955, 404 N.Y.S.2d 141, 1978 N.Y. App. Div. LEXIS 12876 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 8, 1977, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. In our opinion the defendant sufficiently raised the defense of justification under section 35.15 (subd 1, par [b]) of the Penal Law so as to require the trial court to instruct the jury that the prosecution had the burden of disproving the defense of justification beyond a reasonable doubt (see People v Steele, 26 NY2d 526; People v Robinson, 47 AD2d 618; People v Soto, 38 AD2d 734). The failure to so charge was reversible error. Titone, J. P., Suozzi, Margett and O’Connor,

JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 8, 1977, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. In our opinion the defendant sufficiently raised the defense of justification under section 35.15 (subd 1, par [b]) of the Penal Law so as to require the trial court to instruct the jury that the prosecution had the burden of disproving the defense of justification beyond a reasonable doubt (see People v Steele, 26 NY2d 526; People v Robinson, 47 AD2d 618; People v Soto, 38 AD2d 734). The failure to so charge was reversible error. Titone, J. P., Suozzi, Margett and O’Connor,

JJ., concur.

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Bluebook (online)

64 A.D.2d 955, 404 N.Y.S.2d 141, 1978 N.Y. App. Div. LEXIS 12876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelly-nyappdiv-1978.

Opinion

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