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Barash, 365 F.2d 395, 403 (2d Cir. 1966), as that exercise of the prerogative of leniency which a fact-finder has to refuse to convict a defendant, even if the circumstances would otherwise be sufficient to convict (Pet.Brief) 2002 WL 100598 (Pet.Brief) 2002 WL 264727 (Resp.Brief) 2002 WL ... Document Retrieval


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