PEOPLE v. BROWN


209 A.D.2d 428 (1994)

618 N.Y.S.2d 439

The People of the State of New York, Respondent, v. Kenny Brown, Appellant

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

November 7, 1994


Ordered that the judgment is affirmed.

The defendant contends that the jury charge failed to indicate that the indictment was not evidence in the case, and that the court shifted the burden of proof by charging "[n]ow who speaks the truth? This is the question for you to determine. To the best of your ability, I ask you to apply common sense and good judgment and to be fair in your judgment". Each of these alleged errors is unpreserved for appellate review as the...

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