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PEOPLE v. LUGO

202 A.D.2d 248 (1994)

608 N.Y.S.2d 632

The People of the State of New York, Respondent, v. Derrick Lugo, Appellant

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

March 10, 1994

The trial court's instruction that the jury was to consider the "totality of evidence" in rendering its verdict did not amount to an instruction that the jury could consider evidence bearing solely on codefendant's guilt. Indeed, on more than one occasion, the court charged the jury that it had to reach separate verdicts as to each defendant and that the evidence was to be considered separately as to each. While the instruction...

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