PEOPLE v. TUBENS


237 A.D.2d 170 (1997)

655 N.Y.S.2d 363

The People of the State of New York, Respondent, v. Geraldo Tubens, Appellant

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

March 18, 1997


Defendant's argument that the court's "two inference" charge diluted the People's burden of proof is without merit since the charge in question concerns the factual inferences to be drawn from the evidence in the case and makes no reference to the standard required for conviction that was separately charged. In any event, the inclusion of the "two inference" charge does not constitute reversible error because the court instructed the jury several times that to convict defendant...

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