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PEOPLE v. STROBERT

167 A.D.2d 307 (1990)

The People of the State of New York, Respondent, v. Raymond Strobert, Appellant

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

November 27, 1990

Defendant, convicted of criminal sale of a controlled substance in the third degree on evidence that undercover officers observed him selling heroin to a third person, argues on appeal that the court's charge to the jury, wherein the court charged on defendant's election not to testify but refused to instruct that mere presence at the scene of a crime does not establish guilt, constituted error requiring a new trial.

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