PEOPLE v. JIOVANI


258 A.D.2d 277 (1999)

685 N.Y.S.2d 66

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS JIOVANI, Appellant.

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

Decided February 4, 1999.


The court properly instructed the jury, over defendant's exception, that the People, in sustaining their burden of proof, were not required to take any particular investigative steps or present any particular kind of evidence. This instruction, when read together with the court's other instructions, particularly those explaining reasonable doubt and cautioning against speculation as to hypothetical evidence, was sufficiently balanced, and neither directed the jury to disregard...

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