Opinion
242 A.D.2d 876 662 N.Y.S.2d 676 PEOPLE of the State of New York, Respondent, v. Troy KENNEDY, Appellant. 1997-07810 Supreme Court of New York, Fourth Department September 30, 1997.
Robert Whithead, Skaneateles, for Appellant.
James B. Vargason by Christopher Vozzo, Auburn, for Respondent.
Before PINE, J.P., and HAYES, WISNER, CALLAHAN and DOERR, JJ.
MEMORANDUM:
County Court impermissibly reduced the People's burden of proof when it charged the jury that "you can get proof to a reasonable degree and that is the burden to which the People are held" (see, People v. Sosby, 197 A.D.2d 909, 910, 602 N.Y.S.2d 455; see also, People v. Garrett, 207 A.D.2d 948, 617 N.Y.S.2d 78; People v. Bradley, 201 A.D.2d 914, 610 N.Y.S.2d 901; People v. Grant, 197 A.D.2d 910, 602 N.Y.S.2d 585, lv. denied 82 N.Y.2d 895, 610 N.Y.S.2d 162, 632 N.E.2d 472; People v. Sneed, 193 A.D.2d 1139, 598 N.Y.S.2d 624, lv. denied 82 N.Y.2d 759, 603 N.Y.S.2d 1001, 624 N.E.2d 187). As a result, defendant was deprived of a fair trial.
We have examined the remaining arguments, including those raised in the pro se supplemental brief, and conclude that they are without merit.
Judgment unanimously reversed on the law and new trial granted.