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PEOPLE v. MAIRENA

Nos. 102, 103.

34 N.Y.3d 473 (2019)

144 N.E.3d 340

121 N.Y.S.3d 731

2019 NY Slip Op 08978

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MAIRENA, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICIO ALTAMIRANO, Appellant.

Court of Appeals of New York.

Decided December 17, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure, Appellate Advocates, New York City (Michael Arthus of counsel), for appellant in the first above-entitled action.

Eric Gonzalez, District Attorney, Brooklyn (Thomas M. Ross, Leonard Joblove and Sholom J. Twersky of counsel), for respondent in the first above-entitled action.

Paul Skip Laisure, Appellate Advocates, New York City (Anders Nelson and Charity L. Brady of counsel), for appellant in the second above-entitled action.

OPINION OF THE COURT

It is not disputed that the trial courts in both of these cases erred by reversing—after summations—their prior rulings on defendants' requests to charge the jury. Both courts erred by failing to charge the jury in accordance with their pre-summation...

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