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PEOPLE v. AQUEVARENO

17 A.D.3d 171 (2005)

792 N.Y.S.2d 465

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REYNALDO AQUEVARENO, Appellant.

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

April 12, 2005.

The court's jury instruction concerning the effect of lack of evidence, taken as a whole and in context of the court's instructions, was sufficiently balanced and did not undermine defendant's defense (see People v Jiovani, 258 A.D.2d 277 [1999], lv denied 93 N.Y.2d 900 [1999]; see also People v Lilly, 264 A.D.2d 684 [1999], lv denied 94 N.Y.2d 825 [1999]; People v Kramer...

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