People v. Almanzar
Appellate Division of the Supreme Court of the State of New York
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
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. RomeroNew York Court of Appeals · 2006
- People v. TaylorNew York Court of Appeals · 1992
- People v. DoshiNew York Court of Appeals · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. HuertasAppellate Division of the Supreme Court of the State of New York · 2009
- People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2016