PEOPLE v. MUNIZ


62 A.D.2d 1025 (1978)

The People of the State of New York, Respondent, v. Alberto Muniz, Appellant

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

April 10, 1978


Judgment affirmed.

The trial court was correct in denying a defense request for a charge that if the jury failed to believe the testimony of the eyewitness Perez it must return a verdict of not guilty. Instead, the trial court properly instructed the jury that the prosecutor's obligation is to prove its case beyond a reasonable doubt in all aspects. As the trial court aptly observed during the oral argument on the request, the jurors must consider "the totality of...

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