People v. Beslanovics

N.Y.

Court: New York Court of Appeals

Citations: 57 N.Y.2d 726, 454 N.Y.S.2d 976, 440 N.E.2d 1322, 1982 N.Y. LEXIS 3654

Decision Date: 10/7/1982

Jurisdiction: NY

Bluebook Citation: People v. Beslanovics, 57 N.Y.2d 726, 454 N.Y.S.2d 976, 440 N.E.2d 1322, 1982 N.Y. LEXIS 3654 (1982)

More Cases: N.Y. decisions from 1982

The People of the State of New York, Respondent, v Willibald Beslanovics, Appellant.

Attorneys

APPEARANCES OF COUNSEL
William E. Hellerstein and Lynn W. L. Fahey for appellant. .
John J. Santucci, District Attorney CMichael J. Connolly of counsel), for respondent.

majority

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed and indictment dismissed. The trial court’s failure to honor defense counsel’s timely request for a charge that the People bear the burden of proving each and every element of the crime charged beyond a reasonable doubt requires reversal (People v Newman, 46 NY2d 126).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

October 7, 1982

On the court’s own motion, remittitur recalled and, when returned, it will be amended to read as follows: On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed and indictment dismissed. The trial court’s failure to honor defense counsel’s timely request for a charge that the People bear the burden of proving each and every element of the crime charged beyond a reasonable doubt requires reversal (People v Newman, 46 NY2d 126). Because defendant was convicted of a lesser included offense, the indictment must be dismissed (People v Mayo, 48 NY2d 245).

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