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PEOPLE v. KELLY

278 A.D.2d 28 (2000)

716 N.Y.S.2d 669

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK KELLY, Also Known as MAKI KELLY, Appellant.

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

Decided December 7, 2000.

Although the court's charge contained the disfavored phrase "guilt or innocence," when viewed as a whole, the charge could not have confused the jury as to the proper burden of proof since the court repeatedly instructed the jury that defendant was presumed innocent and that the People were required to prove his guilt beyond a reasonable doubt (People v Fields, 87 N.Y.2d 821).

We perceive no basis for reduction...

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