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PEOPLE v. OLIVERO

247 A.D.2d 557 (1998)

668 N.Y.S.2d 482

The People of the State of New York, Respondent, v. Jorge Olivero, Appellant

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

February 17, 1998

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

In its jury instruction, the trial court explained that the issue of whether a witness was interested, and the effect of this interest upon the witness's testimony, was for the jury to decide. The court thereafter instructed the jury that the defendant's wife, mother, brother, and stepdaughter were interested witnesses.

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