PEOPLE v. BROKENBOUGH


52 A.D.3d 525 (2008)

859 N.Y.S.2d 678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BROKENBOUGH, Appellant.

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

Decided June 3, 2008.


Ordered that the judgment is affirmed.

The defendant's contention that the County Court's charge to the jury concerning the defendant as an interested witness shifted the burden of proof or undermined the presumption of innocence is without merit. The jury charge properly identified the defendant as an example of an interested witness and permitted the jury to consider whether any witness's interest or lack of interest in the outcome of the case affected the truthfulness...

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