
    The People of the State of New York, Respondent, v Willibald Beslanovics, Appellant.
    Decided September 2, 1982
    October 7, 1982
    
      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.
   opinion of the court

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).  