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PEOPLE v. CALDWELL

196 A.D.2d 760 (1993)

602 N.Y.S.2d 14

The People of the State of New York, Respondent, v. Robert Caldwell, Appellant

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

September 23, 1993

At the time that the People called the police chemist to the stand, the trial court advised the jury in relevant part that "[y]ou don't have to automatically accept the opinion of an expert. You can reject it, if there's a reason in the record to do that." Defendant contends that this instruction, in effect, required the jury to provide some reason for not believing the chemist, and thereby intruded upon the jury's right to decide...

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