Legal Opinion

People v. Almanzar

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

Decided December 9, 2008PublishedCited by 4 opinions

1Opinion of the Court

*687The defendant contends that the Supreme Court erred in refusing to charge the jury on the affirmative defense to bail jumping under Penal Law § 215.59. We agree. As a general matter, “a court must charge the jury on any claimed defense that is supported by a reasonable view of the evidence which the court must assess in the light most favorable to the defendant” {People v Taylor, 80 NY2d 1, 12 [1992]). The defendant bears the burden at trial of establishing the affirmative defense to bail jumping by a preponderance of the evidence {see Penal Law § 25.00 [2]). Here, viewing the evidence in the…

2Cases cited7 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. TaylorNew York Court of Appeals · 1992
  5. People v. DoshiNew York Court of Appeals · 1999

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. HuertasAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2016

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