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PEOPLE v. WALLER

188 A.D.2d 303 (1992)

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

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

December 3, 1992

Defendant's various arguments concerning the court's charge to the jury are unpreserved, and, in any event, without merit. Reversal is not required by the absence of a specific instruction that the indictment was not evidence, since the charge, as a whole, properly advised the jury (People v Hurk, 165 A.D.2d 687, 688, lv denied 76 N.Y.2d 1021). Contrary to defendant's argument on appeal, the court's instruction on credibility...

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