PEOPLE v. VARISCO


57 A.D.2d 596 (1977)

The People of the State of New York, Respondent, v. Anthony Varisco, Appellant

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

April 18, 1977


Judgment affirmed.

This case is remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (subd 5). The proof of the defendant-appellant's guilt was overwhelming. One sentence of the Trial Judge's charge to the jury concerning the definition of "recklessly" was inadequately worded and, standing by itself, was erroneous. However, in the context of the entire charge on that subject, the error, if any, was de minimis, particularly...

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