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PEOPLE v. HARDISON

5 A.D.3d 312 (2004)

773 N.Y.S.2d 550

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE HARDISON, Appellant.

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

March 30, 2004.

In view of the court's thorough instructions on the People's burden of proof, there is no reasonable possibility that the jury could have construed the challenged portion of the People's summation as shifting that burden to the defense (see People v Planca, 225 A.D.2d 470, 471 [1996], lv denied 88 N.Y.2d 968 [1996]). Furthermore, were we to find any error, we would find it to be harmless in view of the overwhelming evidence...

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