PEOPLE v. MARSALIS


189 A.D.2d 897 (1993)

The People of the State of New York, Respondent, v. Harvey Marsalis, Appellant

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

January 25, 1993


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered. The facts have been considered and determined to have been established.

The People's case against the defendant was based entirely upon circumstantial evidence. While the trial court's charge to the jury on circumstantial evidence was not a misstatement of the law, it failed to include language which clearly conveyed the concept that the evidence...

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