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PEOPLE v. BROXTON

34 A.D.3d 490 (2006)

823 N.Y.S.2d 533

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREEM BROXTON, Appellant.

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

Decided November 8, 2006.

Ordered that the judgment is affirmed.

In determining the fairness and propriety of a trial court's charge to a jury, the test is whether the jury, hearing the whole charge, would gather from its language the correct rules which should be applied in arriving at a decision (see People v Russell, 266 N.Y. 147, 153 [1934]; cf. People v Lauderdale, 295 A.D.2d 539 [2002]). Contrary...

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