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People v. Sackmann

Appellate Division of the Supreme Court of New York, First Department
Jul 10, 1975
49 A.D.2d 542 (N.Y. App. Div. 1975)

Opinion

July 10, 1975


Judgment, Supreme Court, New York County, rendered on March 22, 1973, convicting defendant, after a jury trial, of the crimes of assault in the first and second degrees and possession of a weapon, unanimously reversed, on the law, judgment vacated and matter remanded for a new trial. The trial court's failure to charge that justification constituted a defense to the crimes of which defendant was convicted and its failure to properly instruct the jury that the prosecution had the burden of disproving that defense beyond a reasonable doubt deprived defendant of his right to a fair trial on the primary issue raised. "Justification is a `defense' (revised Penal Law, § 35.00) — as opposed to an `affirmative defense' — and `the people have the burden of disproving such defense beyond a reasonable doubt' (revised Penal Law, § 25.00)". (People v Steele, 26 N.Y.2d 526, 528.) Whatever the trial court did say with regard to this defense was indefinite and confusing.

Concur — Stevens, P.J., Kupferman, Tilzer, Capozzoli and Lane, JJ.


Summaries of

People v. Sackmann

Appellate Division of the Supreme Court of New York, First Department
Jul 10, 1975
49 A.D.2d 542 (N.Y. App. Div. 1975)
Case details for

People v. Sackmann

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRED SACKMANN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 10, 1975

Citations

49 A.D.2d 542 (N.Y. App. Div. 1975)