PEOPLE v. FUSARO


77 A.D.2d 627 (1980)

The People of the State of New York, Respondent, v. Richard Fusaro and Laura Barberio, Appellants

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

July 21, 1980


Judgments reversed, as a matter of discretion in the interest of justice, and new trial ordered.

Defendants were tried together. A joint defense of entrapment was asserted. In the course of the trial court's charge to the jury, the jurors were instructed to first consider whether the defendants had proven their defense by a preponderance of the evidence, and if they had, to acquit them; if the jurors did not believe the defense, they were instructed to then consider...

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