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PEOPLE v. GREEN

202 A.D.2d 186 (1994)

608 N.Y.S.2d 626

The People of the State of New York, Respondent, v. Todd Green, Also Known as Todd Jeffers Green, Appellant

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

March 3, 1994

Defendant's contention that the court's Allen charge (Allen v United States, 164 U.S. 492) impermissibly shifted the burden of proof is unpreserved as a matter of law (CPL 470.05 [2]), and we decline to review it in the interest of justice. If we were to review it, we would find that the charge, viewed as a whole, merely exhorted the jurors to keep their minds open and not to speculate...

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