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PEOPLE v. NEWMAN

46 N.Y.2d 126 (1978)

The People of the State of New York, Respondent, v. Richard Newman, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1978.

Attorney(s) appearing for the Case

Lynn W. L. Fahey and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Sharon Litwin and David Harrigan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

We hold that, in the circumstances of this criminal case, it was reversible error for the trial court to have refused a request to charge that the People had the burden of proving every element of the crimes charged beyond a reasonable doubt when the ground for the refusal was that the court had already so advised the jury in a preliminary address at the...

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