PEOPLE v. HERNANDEZ


208 A.D.2d 766 (1994)

618 N.Y.S.2d 541

The People of the State of New York, Respondent, v. Nelson Hernandez, Also Known as David Nelson Hernandez, Appellant

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

October 17, 1994


Ordered that the judgment is affirmed.

The defendant contends that the trial court improperly diluted and shifted the burden of proof. Initially, it should be noted that the issue was not preserved for appellate review since the defendant failed to object to the specific charge in question (CPL 470.05 [2]). In any event, the court properly instructed the jury, inter alia, that the defendant was presumed innocent and must be given the benefit of the presumption...

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