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PEOPLE v. GIAMMARINO

105 A.D.2d 802 (1984)

The People of the State of New York, Respondent, v. Michael Giammarino, Appellant

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

November 19, 1984

Judgment affirmed.

After reviewing the charge to the jury in its entirety, we find that Criminal Term adequately instructed the jurors as to the relevant law. Defendant received a fair trial, free from any significant error. The passing reference by the court to "if the scales are even" within the reasonable doubt charge was technically improper. However, the charge, as a whole, correctly explained the concept of reasonable...

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