People v. Pleasant

Appellate Division of the Supreme Court of New York

People v. Pleasant

174 A.D.2d 371, 571 N.Y.S.2d 214, 1991 N.Y. App. Div. LEXIS 8044

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

DecidedJune 11, 1991

StatusPublished

Cited by2 cases

This text of 174 A.D.2d 371 (People v. Pleasant) 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. Pleasant, 174 A.D.2d 371, 571 N.Y.S.2d 214, 1991 N.Y. App. Div. LEXIS 8044 (N.Y. Ct. App. 1991).

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Opinion

—Judgment, Supreme Court, Bronx County (Nicholas Figueroa, J.), rendered June 29, 1989, convicting defendant, after a jury trial, of assault in the [372]*372second degree and sentencing him as a predicate felon to 2-Vi to 5 years, unanimously affirmed.

The issue at trial of this matter was whether the defendant’s actions constituted an assault on complainant from behind, or were justified. The court acknowledged that its supplemental instruction tended to shift the burden of proof when it charged the jury that it had to decide which version had been proven beyond a reasonable doubt. However, the court cured the error by charging that it was the People’s burden to prove every element of the crime and disprove the justification defense beyond a reasonable doubt. The charge read in its entirety was correct. Concur—Murphy, P. J., Milonas, Ellerin, Wallach and Smith, JJ.

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—Judgment, Supreme Court, Bronx County (Nicholas Figueroa, J.), rendered June 29, 1989, convicting defendant, after a jury trial, of assault in the [372]*372second degree and sentencing him as a predicate felon to 2-Vi to 5 years, unanimously affirmed.

The issue at trial of this matter was whether the defendant’s actions constituted an assault on complainant from behind, or were justified. The court acknowledged that its supplemental instruction tended to shift the burden of proof when it charged the jury that it had to decide which version had been proven beyond a reasonable doubt. However, the court cured the error by charging that it was the People’s burden to prove every element of the crime and disprove the justification defense beyond a reasonable doubt. The charge read in its entirety was correct. Concur—Murphy, P. J., Milonas, Ellerin, Wallach and Smith, JJ.

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Bluebook (online)

174 A.D.2d 371, 571 N.Y.S.2d 214, 1991 N.Y. App. Div. LEXIS 8044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pleasant-nyappdiv-1991.

Opinion

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