Legal Opinion

People v. Frazer

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

Decided July 15, 1985PublishedCited by 1 opinion

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. CadoretteNew York Court of Appeals · 1982

3Cited by1 opinion

  1. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1986

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