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People v. Ellis

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1994
202 A.D.2d 301 (N.Y. App. Div. 1994)

Opinion

March 17, 1994

Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).


Defendant's contention that he was denied a fair trial by the prosecutor's remarks on summation is largely unpreserved and, in any event, is without merit. Similarly, defendant's challenges to the court's charge are unpreserved since at trial he did not make specific objections, and the claims do not warrant review in the interest of justice. While we have previously noted that it is undesirable to use the phrase "the scales weigh even" in the reasonable doubt charge in a criminal case, even if the charge is formally correct (see, People v. Fox, 72 A.D.2d 146, 147), the two inference instruction does not constitute reversible error where, as here, the charge as a whole conveyed the prosecutor's burden of proving defendant's guilt beyond a reasonable doubt (see, People v. Evans, 192 A.D.2d 337, lv denied 81 N.Y.2d 1072).

Concur — Rosenberger, J.P., Ellerin, Rubin, Nardelli and Williams, JJ.


Summaries of

People v. Ellis

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1994
202 A.D.2d 301 (N.Y. App. Div. 1994)
Case details for

People v. Ellis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRELL ELLIS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 17, 1994

Citations

202 A.D.2d 301 (N.Y. App. Div. 1994)
609 N.Y.S.2d 7

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