PEOPLE v. NUNEZ


203 A.D.2d 190 (1994)

616 N.Y.S.2d 938

The People of the State of New York, Respondent, v. Andre Nunez, Also Known as Andre Muniz, Appellant

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

April 26, 1994


Defendant's claim that the "two-inference" charge diluted the People's burden of proof is unpreserved, and we decline to review it in the interest of justice (People v Evans, 192 A.D.2d 337, lv denied 81 N.Y.2d 1072). In any event, the charge, viewed as a whole, conveyed the appropriate burden of proof since the court thoroughly instructed the jury that the People were required to...

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