Bench Verdict Reversed Due to Impermissible Burden Shifting
Mr. Steward asserted at his bench trial that he had been framed by the police when they stopped his car and claimed to have found drugs. In delivering its verdict convicting Mr. Steward of fourth-degree criminal possession of a controlled substance, the court stated, “the credible testimony before me does not persuade this Court beyond a reasonable doubt that [Mr. Steward] was in fact framed. And that being so . . . I find [him] guilty.”
The Appellate Division reversed the conviction. It concluded that the trial judge’s finding improperly reversed the constitutionally required principle that the prosecution must introduce evidence sufficient to persuade the fact finder, beyond a reasonable doubt, of a defendant’s guilt. Because the defense bears no burden, the trial judge erred. The conviction was reversed and a new trial ordered.
Steven C. Kuza represented Mr. Steward
