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PEOPLE v. COLEMAN

70 A.D.2d 600 (1979)

The People of the State of New York, Respondent, v. James Coleman, Appellant

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

May 7, 1979

Judgment reversed, on the law, and new trial ordered.

Reversal and a new trial is warranted in this case because of errors in the trial court's instructions to the jury. The trial court failed to apprise the jury that the burden rested upon the People to prove every element of the offenses charged beyond a reasonable doubt (see People v Newman, 46 N.Y.2d 126). The court also failed upon request of defendant's counsel to instruct...

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