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PEOPLE v. NELSON

5 A.D.3d 134 (2004)

772 N.Y.S.2d 509

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LATIK NELSON, Appellant.

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

March 4, 2004.

Read as a whole and in the context of its original instruction as well as the four notes from the jury during its deliberations, the court, in its supplemental instructions, did not abandon the principle that the People had the burden of disproving beyond a reasonable doubt the defense of temporary and lawful possession of the handgun which was the subject of the indictment. Nor did it, as urged by defendant, erroneously subdivide...

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