Defendant herein contends that Criminal Term's failure to charge the jury in its final instructions pursuant to CPL 300.10 (2) that defendant was presumed innocent denied him of his due process right to a fair trial. CPL 300.10 (2) provides in pertinent part: "In its charge, the court must state the fundamental legal principles applicable to criminal cases in general. Such principles include, but are not limited to, the presumption of the defendant's innocence" (emphasis...
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