People v. Moss

We agree that the judgment of conviction must be reversed, but we do not concur with the rationale enunciated by the majority or their recommendation for a new trial. There is no dispute that defendant bore the burden of establishing, by a preponderance of the evidence, that he lacked criminal responsibility by reason of mental disease or defect (see, Penal Law § 40.15; People v Kohl, 72 NY2d 191). The record reveals, however, that defendant met that burden.

On September 11, 1987, defendant went on an unprovoked shooting rampage which resulted in the death of the Village of Dexter Police…