PEOPLE v. FELICIANO


254 A.D.2d 496 (1998)

679 N.Y.S.2d 837

The People of the State of New York, Respondent, v. Jesus Feliciano, Appellant

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

October 26, 1998


Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that he was unduly prejudiced because during the opening statement the court admonished defense counsel to state what he "intend[ed] to prove". The trial court repeatedly instructed the jury that the burden of proof remained on the People throughout the trial, and that the defendant had no burden of proof. Accordingly, the court's brief admonition cannot be deemed to have improperly...

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