Legal Opinion

People v. Ruiz

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

Decided February 7, 1994Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brill, J.), rendered February 20, 1992, convicting him of burglary in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that a comment by the trial court, delivered during its charge, impermissibly shifted the burden of proof to him. However, this isolated comment, when viewed in the context of the entire charge, did not shift the burden, since the court adequately explained the…

2Cases cited3 opinions

  1. People v. ColemanNew York Court of Appeals · 1987
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. MooreAppellate Division of the Supreme Court of the State of New York · 1992

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