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People v. Ruiz

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1994
201 A.D.2d 512 (N.Y. App. Div. 1994)

Opinion

February 7, 1994

Appeal from the Supreme Court, Kings County (Brill, J.).


Ordered that the judgment is affirmed.

The defendant contends that a comment by the trial court, delivered during its charge, impermissibly shifted the burden of proof to him. However, this isolated comment, when viewed in the context of the entire charge, did not shift the burden, since the court adequately explained the concepts of reasonable doubt and the People's burden of proof, and made it clear that the defendant bore no burden (see, People v. Coleman, 70 N.Y.2d 817; see also, People v. Moore, 185 A.D.2d 251; People v. Jones, 173 A.D.2d 487).

We have examined the defendant's remaining contentions and find that they are without merit or do not require reversal. Bracken, J.P., Sullivan, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Ruiz

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1994
201 A.D.2d 512 (N.Y. App. Div. 1994)
Case details for

People v. Ruiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RUIZ, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 7, 1994

Citations

201 A.D.2d 512 (N.Y. App. Div. 1994)
609 N.Y.S.2d 794