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PEOPLE STATE NEW YORK v. CARTER CALDWELL (04/09/69)

COURT OF APPEALS OF NEW YORK


decided: April 9, 1969.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CARTER CALDWELL, APPELLANT

People v. Caldwell, Concur: Chief Judge Fuld and Judges Burke, Bergan, Keating and Breitel. Judges Scileppi and Jasen dissent and vote to affirm.

 Judgment reversed and a new trial ordered in the following memorandum: Defense counsel sufficiently preserved for this court's review the point that defendant was entitled to an instruction to the jury that it could return a verdict against the defendant for possession of a narcotic drug if it did not believe that a sale had been proved beyond a reasonable doubt (People v. Malave, 21 N.Y.2d 26).

19690409

© 1998 VersusLaw Inc.



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