People v. Archie

Defendant Archie, charged with robbery, first degree, allegedly accomplished by "display of what appeared to be a sawed-off shotgun” (Penal Law, § 160.15, subd 4) moves to dismiss the charge as contrary to the constitutional principles pronounced by the United States Supreme Court in Matter of Winship (397 US 358) and Mullaney v Wilbur (421 US 684). Winship held that the due process clause *244protected an accused against conviction except upon proof beyond a reasonable doubt. Mullaney struck down the burden imposed by Maine law upon a defendant charged with intentional homicide to prove…