People v. Mitchell

I view existing precedent to mandate reversal and a new trial. This court has twice reversed convictions, in the interest of justice, based on nearly identical language in the court’s instructions on intent (People v Harris, 77 AD2d 804; People v Egan, 72 AD2d 239), even in the absence of a proper exception. Here, defendant made timely exception to the court’s instruction; nevertheless, the majority find the error to be harmless. Although it is true that the main issue at trial was the identity of the perpetrator of the crime, nonetheless the People were required to prove intent as an element…