People v. Frazer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered November 22, 1983, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
Defendant’s guilt was established beyond a reasonable doubt (see, People v Contes, 60 NY2d 620). As no exception to the charge was taken, defendant’s contention that a portion of the charge could be interpreted as shifting the burden of proof on the justification defense is unpreserved for appellate review as a matter of law (CPL 470.05 [2]; see, People v Cadorette, 56 NY2d…
2Cases cited2 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. CadoretteNew York Court of Appeals · 1982
3Cited by1 opinion
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1986