PEOPLE v. JOHNSON


225 A.D.2d 464 (1996)

639 N.Y.S.2d 802

The People of the State of New York, Respondent, v. Tyrone Johnson, Appellant

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

March 26, 1996


In this closely contested "buy and bust" case, it was the defense theory that the arresting officers fabricated their account of a drug sale in order to justify numerous hours of overtime processing the defendant's arrest. The first trial resulted in a hung jury, and this trial resulted in an acquittal on the sale count. In this context, we find that the court's failure to supplement its instruction with the requested falsus in uno charge requires reversal of the defendant...

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