People v. McManus

New York Court of Appeals · Decided 1986-06-10

Cited by 176 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

OPINION OF THE COURT Hancock, Jr., J. Justification is a defense to depraved indifference murder and, where evidence supporting the defense has been presented, refusal to instruct the jury that the People must disprove justification beyond a reasonable doubt is reversible error. We, therefore, reverse the order of the Appellate Division which affirmed defendant’s conviction and remit for a new trial. <p…

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