PEOPLE v. JOHNSON


11 A.D.3d 224 (2004)

783 N.Y.S.2d 5

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABDUL WARITH JOHNSON, Appellant.

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

October 7, 2004.


Defendant challenges the court's charge on the burden of proof, which included the following instruction:

"During the course of a criminal trial in the United States, every defendant is entitled to every factual inference in his favor which can reasonably be drawn from the evidence. And where two factual inferences can be drawn from the evidence, both being of equal weight and strength, one factual inference consistent with guilt and the other factual inference consistent...

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