What is the burden of disproving the defense of justification beyond a reasonable doubt?

In its charge to the jury, the court informed the jury that if it believed the defendant, it must acquit. (739, 747[.] However, at no time did the court inform the jury that the People had the burden of disproving the defense of justification beyond a reasonable doubt. People v. Robinson, 47 AD 2d 618 [364 N.Y.S.2d 180] (1st Dept., 1975); People v. Soto, 38 AD 2d 734 [329 N.Y.S.2d 446] (2d Dept., 1972) [.] It is respectfully submitted that by its instructions to the jury, the trial court improperly placed both the burden of going forward and the burden of proof on the defense of justification upon appellant. This being so, it is further submitted that a reversal and new trial is warranted.

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