Summary
striking down instruction that stated "it is possible to establish the guilt of a defendant charged with a crime to a reasonable degree of certainty"
Summary of this case from Brown v. GreeneOpinion
February 7, 1997.
Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: County Court erroneously instructed the jury on reasonable doubt that the jury must be "morally and reasonably" certain of defendant's guilt ( see, People v Bradley, 201 AD2d 914; People v Frank, 186 AD2d 977), and that "it is possible to establish the guilt of a defendant charged with a crime to a reasonable degree of certainty. To that degree of proof, the People must be held and are held under the law [emphasis added]" ( see, People v Moore, 231 AD2d 918; People v Sneed, 193 AD2d 1139, lv denied 82 NY2d 759; People v Payne, 192 AD2d 1117). Because those instructions effectively reduced the People's burden of proof, thereby depriving defendant of a fair trial, we reverse the conviction as a matter of discretion in the interest of justice and grant a new trial ( see, CPL 470.15 [a]; People v Sneed, supra; People v Payne, supra; People v Frank, supra).
Present — Lawton, J.P., Fallon, Doerr, Balio and Boehm, JJ.
We have reviewed defendant's remaining contention and conclude that it is without merit. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Manslaughter, 2nd Degree.)