1.Billy is 14 years old. He robs a liquor store in Albany, NY using a loaded hand gun. He is arrested and charged with Robbery in the First Degree, in violation of Section 160.15(2) of the Penal Law of the State of New York, which is a class B felony. Billy's attorney, Ted, raises the infancy defense. He argues that Billy can't be charged as an adult in the State of New York, as he is too young. He also argues that, because of his age, he can't understand or appreciate the wrongfulness of his conduct.

a. Is the attorney correct that Billy can't be prosecuted because he is too young? Cite the appropriate law that supports your response.

b. Who has the burden of proof in this case? What is that burden of proof (what do they have to prove, specifically)?

2. Tony is in his home in Troy, NY. It is 2pm.He is not usually home at this time, but he took the day off from work. He hears glass smash, and realizes someone is breaking into his home. The intruder sees Tony, who is freaked out by this unknown person in his home. Tony is right near the back door to his home, the intruder is in the room but about 10 feet away from him, and Tony believes he could easily push the door open and run out the back door to get away from the intruder safely. No one else is in the home and Tony has no pets. The police department is 2 doors down the street and he believes he could safely get away. The intruder is not displaying any weapons and seems startled to find Tony is home. Tony has a gun in his back pocket and he pulls it out when he realizes he does not know this intruder and his home is being burglarized. He doesn't tell the intruder to leave his home. He doesn't say anything to the intruder. He pulls out the gun and shoots the intruder. The intruder dies instantly.

You are an Assistant D.A. in the county, and you are asked to review all of the above-mentioned facts and determine if Tony should be arrested.What will you tell the D.A. regarding the law and, specifically, whether Tony's actions were justified under the Penal Law of the State of New York? Use specific sections of the law to support your answer.