At the conclusion of a hearing before a jury to determine whether the defendant is a narcotics addict pursuant to section 208 of the Mental Hygiene Law, the People request a charge that the jury determination is by a preponderance of the evidence with only five of the six jurors necessarily concurring in the verdict.
Section 208 was amended by chapter 809 of the Laws of 1969, effective May 22, 1969, as follows:
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