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People v. Guiteau

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1994
204 A.D.2d 1035 (N.Y. App. Div. 1994)

Opinion

May 27, 1994

Appeal from the Niagara County Court, Hannigan, J.


Judgment unanimously reversed on the law and new trial granted. Memorandum: In its instructions to the jury on reasonable doubt, County Court incorrectly used the phrases "reasonably certain" and "reasonable degree of certainty" when defining the degree of proof to which the People must be held. As we have previously held, that language effectively reduces the People's burden of proof and thereby deprives defendant of a fair trial (People v Sneed, 193 A.D.2d 1139, lv denied 82 N.Y.2d 759). Reversal is required, therefore, and a new trial is granted.

The verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495).

Present — Green, J.P., Pine, Balio, Fallon and Doerr, JJ.


Summaries of

People v. Guiteau

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1994
204 A.D.2d 1035 (N.Y. App. Div. 1994)
Case details for

People v. Guiteau

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK GUITEAU…

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

Date published: May 27, 1994

Citations

204 A.D.2d 1035 (N.Y. App. Div. 1994)
614 N.Y.S.2d 960

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