PEOPLE v. SHIVERS


301 A.D.2d 473 (2003)

753 N.Y.S.2d 354

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY SHIVERS, Appellant.

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

Decided January 30, 2003.


While the court's charge should have included, as requested by defendant, some balancing language conveying the principle that a reasonable doubt could arise from the insufficiency or lack of evidence (see People v Corbin, 214 A.D.2d 318, lv denied 86 N.Y.2d 780; compare People v Reinoso, 257 A.D.2d 484, lv denied 93 N.Y.2d 901), the error was harmless in light of the overwhelming...

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