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PEOPLE v. SCALES

121 A.D.2d 578 (1986)

The People of the State of New York, Respondent, v. Anthony Scales, Appellant

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

June 16, 1986

Judgment affirmed.

The critical issue in reviewing a trial court's marshaling of the evidence is to determine whether any deficiency in such marshaling denied the defendant a fair trial (People v Saunders, 64 N.Y.2d 665, 667). Here, the trial court specifically stated "if what I have stated does not agree with your recollection of the evidence, then you disregard it, and use your own recollection". The jury also had the testimony...

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