PEOPLE v. CRUZ


172 A.D.2d 383 (1991)

The People of the State of New York, Respondent, v. Sergio Cruz, Also Known as Sergio Almonte, Appellant

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

April 23, 1991


Defendant was arrested following a covert drug operation, in which he sold over 4 ounces of cocaine to an undercover police officer. The evidence at trial was uncontroverted and no challenge to the weight or sufficiency of the evidence is raised on appeal. Defendant contends, however, that Criminal Term should not have given a "two-inference" charge, in which the jury was instructed that, where the evidence raised competing inferences of equal weight and strength, the defendant...

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