PEOPLE v. MANCUSO


4 A.D.2d 1010 (1957)

The People of the State of New York, Respondent, v. Alfred Mancuso, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 3, 1957


Judgment unanimously reversed on the law and on the facts and a new trial ordered.

During the trial the court in one instance — undoubtedly inadvertently — erroneously charged the jury with respect to the burden of proof. When the error was called to its attention in a request to charge properly, the court merely stated, "I so charge you." It would have been desirable for the court to have recharged on the...

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