Judgment unanimously reversed on the law, new trial granted on counts one and two of indictment and indictment otherwise dismissed without prejudice to the People to re-present any appropriate charges under count three of indictment to another Grand Jury.
Memorandum:
The trial court erred in instructing the jury that "[r]easonable doubt must be based entirely and absolutely upon some good, sound, substantial reason" and that the People bore the burden of establishing...
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