People v. Soto

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered July 24, 1968, convicting him the second degree, upon a jury verdict, and sentencing him to an indeterminate prison term of 20 years to life. Judgment reversed, on the law and in the interests of justice, and new trial ordered. In our opinion, the trial court’s instructions and reinstruetions to the jury concerning the defense of justification were confusing and, in effect, imposed upon defendant the burden of proving that defense by a fair preponderance of the evidence. This was reversible error, as the People…