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PEOPLE v. OCHS

9 A.D.2d 792 (1959)

The People of the State of New York, Respondent, v. George Ochs, True Name George W. Ochs, Appellant

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

November 30, 1959

Judgment reversed on the law and the facts, and a new trial ordered.

The failure of the Trial Judge, though apparently inadvertent, to comply with the jury's request, made during their deliberations, that he define what constituted reasonable doubt, was prejudicial to appellant's substantial rights and requires reversal. (People v. Miller, 6 N.Y.2d 152.) Since there is to be a new trial, we consider it advisable to state...

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