People v. Maldonado

Sullivan, J. P.,

concurs in a memorandum as follows: Although I agree that reversal is in order, I do so only on the limited ground that the particular wording of the affirmative defense charge was prejudicial and constitutes reversible error. I disagree with the majority’s conclusion that charging the affirmative defense, per se, undermined and conflicted with defendant’s defense of misidentification and could not, sua sponte, be charged to the jury over defendant’s objection.

The court charged the jury that "the defendant has raised an affirmative defense”, i.e., that the gun used was…