New York Court of Appeals
The People of the State of New York v. Anthony Getch, Appellant the People of the State of New York v. Albert Marr
June 5, 198050 N.Y.2d 456
Summary
The Court held that the unqualified jury instruction on intent in People v. Marr violated the Fourteenth Amendment due‑process requirement and reversed the conviction, ordering a new trial, while it held that the qualified instruction in People v. Getch did not shift the burden of proof and affirmed the conviction.