Legal Opinion
People v. Getch
New York Court of Appeals
Decided June 5, 1980PublishedCited by 152 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The question in these cases is whether the court in charging the jury on intent unconstitutionally shifted the burden of proof from the prosecutor to the defendant. In each case the Appellate Division has upheld the conviction. The defendants appeal claiming that the Supreme Court’s recent decision in Sandstrom v Montana (442 US 510) requires reversal and a new trial.
In People v Marr, the defendant, Albert Marr, and two others, Melvin Holley and one "Velvet”, allegedly beat and robbed a 66-year-old man in a Bronx residential hotel in February, 1977. The…
2Cases cited5 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Hankerson v. North CarolinaSupreme Court of the United States · 1977
- People v. ThomasNew York Court of Appeals · 1980
- People v. PattersonNew York Court of Appeals · 1976
- Ivan v. v. City of New YorkSupreme Court of the United States · 1972
3Cited by152 opinions
- People v. ThomasNew York Court of Appeals · 1980
- People v. SteinbergAppellate Division of the Supreme Court of the State of New York · 1991
- People v. WoodsMichigan Supreme Court · 1983
- People v. GlinsmanAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MitchellNew York Court of Appeals · 1983
147 more not listed; retrieve them via the Exa API.