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PEOPLE v. HALL

24 A.D.2d 576 (1965)

The People of the State of New York, Respondent, v. Theodore Hall, Appellant

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

July 6, 1965

Judgment reversed on the law and a new trial granted. The findings of fact implicit in the jury's verdict are affirmed.

In our opinion the trial court committed reversible error by charging the jury, in effect, that the defendant had the burden of proving that his possession of the fruits of the crime was attributable "to his having come into innocent possession thereof" (People v. Papanier, 15 N...

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