People v. Burks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, *202Supreme Court, New York County (Martin Rettinger, J.), rendered April 27, 1993, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 3 to 6 years, unanimously affirmed.
Defendant’s claim that the trial court’s directions to restrict defense counsel’s opening statement to "what you intend to prove by way of evidence in the case” impermissibly shifted the burden of proof is unpreserved for appellate review (CPL 470.05 [2]), and we decline to review it in the interest of justice. Were we to…
2Cases cited6 opinions
- People v. SorgeNew York Court of Appeals · 1950
- People v. WombleAppellate Division of the Supreme Court of the State of New York · 1985
- People v. BowdenAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HuynhAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by6 opinions
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- People v. OrrAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 1999
- People v. HaskinsAppellate Division of the Supreme Court of the State of New York · 2000
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