Summary
In People v. Jackson, 155 A.D.2d 329, 329, 547 N.Y.S.2d 593, 593-94 (1st Dep't 1989), aff'd on other grounds, 76 N.Y.2d 908, 909, 563 N.Y.S.2d 42, 43 (1990), the First Department stated that "[w]hile a more permissive choice of words (`can' instead of `has to') might have been preferable in explaining the jurors' articulation of their reasonable doubt in the jury room, the charge, in its overall context, did not improperly shift the balance in favor of the prosecution...."
Summary of this case from Larrea v. BennettOpinion
November 16, 1989
Appeal from the Supreme Court, New York County (Joan B. Carey, J.).
While a more permissive choice of words ("can" instead of "has to") might have been preferable in explaining the jurors' articulation of their reasonable doubt in the jury room, the charge, in its over-all context, did not improperly shift the balance in favor of the prosecution (People v Canty, 60 N.Y.2d 830), and the charge in its entirety left no doubt that the burden of proof remained with the People.
Concur — Ross, J.P., Asch, Milonas, Rosenberger and Ellerin, JJ.