People v. Galloway

Appellate Division of the Supreme Court of New York

People v. Galloway

193 A.D.2d 1097, 600 N.Y.S.2d 667, 1993 N.Y. App. Div. LEXIS 5733

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 28, 1993

StatusPublished

Cited by1 cases

This text of 193 A.D.2d 1097 (People v. Galloway) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Galloway, 193 A.D.2d 1097, 600 N.Y.S.2d 667, 1993 N.Y. App. Div. LEXIS 5733 (N.Y. Ct. App. 1993).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The trial court specifically instructed the jury that the People bore the burden of proving each element of the crimes charged beyond a reasonable doubt. Defendant’s contention that the court’s charge concerning the affirmative defenses of duress and entrapment had the effect of diminishing the People’s burden of proof has not been preserved for our review (see, People v Thomas, 50 NY2d 467, 472) and we decline to review the alleged error in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Criminal Sale Controlled Substance, 1st Degree.) Present—Green, J. P., Pine, Boomer, Davis and Boehm, JJ.

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Judgment unanimously affirmed. Memorandum: The trial court specifically instructed the jury that the People bore the burden of proving each element of the crimes charged beyond a reasonable doubt. Defendant’s contention that the court’s charge concerning the affirmative defenses of duress and entrapment had the effect of diminishing the People’s burden of proof has not been preserved for our review (see, People v Thomas, 50 NY2d 467, 472) and we decline to review the alleged error in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Criminal Sale Controlled Substance, 1st Degree.) Present—Green, J. P., Pine, Boomer, Davis and Boehm, JJ.

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Bluebook (online)

193 A.D.2d 1097, 600 N.Y.S.2d 667, 1993 N.Y. App. Div. LEXIS 5733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-galloway-nyappdiv-1993.

Opinion

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