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PEOPLE v. NORVILLE

198 A.D.2d 103 (1993)

603 N.Y.S.2d 473

The People of the State of New York, Respondent, v. Jimmy Norville, Appellant

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

November 16, 1993

The trial court's instruction to the jury on the element of display of a firearm, and the manner in which it marshalled the evidence deprived the defendant of a fair trial. Accordingly, the judgment is reversed and the matter is remitted for a new trial.

The defendant and a co-defendant were indicted for attempted robbery in the first and second degrees. The prosecution alleged that the defendants displayed what appeared...

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