PEOPLE v. GRANT


197 A.D.2d 910 (1993)

602 N.Y.S.2d 585

The People of the State of New York, Respondent, v. Desmond Grant, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


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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