People State New York v. Ralph Santanella - Supreme Court of New York

People State New York v. Ralph Santanella

By Supreme Court of New York

  • Release Date: 1981-06-15
  • Genre: Law
People State New York v. Ralph Santanella book review score

Score: (From 0 Ratings)

People State New York v. Ralph Santanella Supreme Court of New York Book Review Score: ★★★★★ 5/5 stars

Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered July 9, 1979, convicting him of murder in the second degree (two counts), robbery in the first degree and burglary in the second degree, after a non-jury trial, and imposing sentence. Judgment affirmed. On this appeal, the defendant concedes his participation in the crimes of burglary and robbery, which underlaid his convictions of felony murder in connection with the deaths of Joseph and Angelina Tucci (see People v Santanella, 63 A.D.2d 744). He maintains, however, that he established the fourth element of the affirmative defense to felony murder, that he [had] no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury (Penal Law, 125.25, subd 3, par [d]). The burden of proving an affirmative defense rests upon the defendant who relies upon it (Penal Law, 25.00, subd 2; People v Bornholdt, 33 N.Y.2d 75). We are satisfied that the evidence properly admitted against defendant proved his participation in the offenses, and that he has failed to prove by a preponderance of evidence that he lacked a reasonable ground to believe that co-defendant Tamilio intended to engage in conduct likely, at the least, to cause serious physical injury to the Tuccis (see People v Kampshoff, 53 A.D.2d 325).

People State New York v. Ralph Santanella book review; book recommendations; Law books;.

@2019 – Just Read Book. All Right Reserved. justreadbook.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for website owners, to earn advertising fees by linking and advertising to amazon.com and any other website that may be affiliated with Amazon Service LLC Associates Program; As an Amazon Associate I earn from qualifying purchases.

Comments/Review section is closed