PEOPLE v. GARCIA


125 A.D.2d 956 (1986)

The People of the State of New York, Respondent, v. Jorge Garcia, Appellant

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

December 19, 1986


Judgment unanimously affirmed.

Memorandum:

We disagree with the defendant's assertion that the court improperly marshaled the evidence in giving its instructions to the jury. Reading the charge as a whole, it was fair and balanced and well within the statutory mandate (CPL 300.10 [2]).

Defendant also took exception to the court's instruction that "circumstantial evidence may often possess more reliable evidence of proof than direct evidence". We know...

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