PEOPLE v. MARCHESE


224 A.D.2d 341 (1996)

638 N.Y.S.2d 71

The People of the State of New York, Respondent, v. Anthony Marchese, Appellant

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

February 27, 1996


In this "buy and bust" case, there was extensive cross-examination of the police concerning their failure to use various additional investigative techniques. Accordingly, in charging the jury that they should "not consider or speculate about" what other investigative techniques might have been used, the word "consider" was inappropriate. However, this did not render the court's reasonable doubt instruction reversible error since...

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