PEOPLE v. OVERTON


90 A.D.2d 855 (1982)

The People of the State of New York, Respondent, v. John Overton, Appellant

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

November 29, 1982


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

Criminal Term committed a number of errors in charging the jury which resulted in the jury being confused and prevented it from adequately applying the correct principles of law to the facts before it. Consequently, we are compelled to conclude that under the circumstances, the convictions must be overturned and a new trial ordered (see People v O'Brien, ...

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