People v. Hari

Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: The finding implicit in the verdict that defendant was sane when the homicide occurred is against the weight of the evidence. “ ‘ When the defense of insanity is raised under section 1120 of the Penal Law, the People must establish on the whole case beyond a reasonable doubt both that the defendant knew the nature and quality of his act and that he knew the act was wrong.’ ” (People v. Horton, 308 N. Y. 1, 9.) On July 18, 1958 defendant killed his sister-in-law by shooting her with a rifle. Nine months…