PEOPLE v. MILLER


45 A.D.2d 768 (1974)

The People of the State of New York, Respondent, v. Kenneth Miller, Appellant

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

June 24, 1974


While we do not approve of the prosecutor's statements in summation that defense counsel had an obligation to her client to raise a reasonable doubt and that the jurors were sitting as "members of the government", the trial court's charge to the jury effectively explained the burden of proof, the concept of reasonable doubt, and the role of the jury in the judicial process. In light of the curative charge and the overwhelming proof of defendant's guilt, the errors were harmless...

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