PEOPLE v. ESCOBAR


110 Misc.2d 1089 (1980)

The People of the State of New York, Plaintiff, v. Jaime Escobar, Defendant.

Supreme Court, Trial Term, Bronx County.

October 16, 1980


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Philip Gaynor of counsel), for plaintiff. Caesar Cirigliano, Alice Schlesinger and Alan Friedman for defendant.


JEROME L. REINSTEIN, J.

An apparently still unsettled question in this State is the standard of proof which should govern the prosecutor's burden of establishing the mental condition of a criminal defendant found not responsible by reason of mental disease or defect under the recently enacted Insanity Defense Reform Act of 1980 (L 1980, ch 548). Mr. Bellacosa, in his Supplementary Practice Commentaries to amended CPL 330.20 (McKinney's Cons Laws of NY...

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