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PEOPLE v. HICKS

91 Misc.2d 205 (1977)

The People of the State of New York, Plaintiff, v. Edger Hicks, Defendant.

Supreme Court, Trial Term, New York County.

August 8, 1977

Attorney(s) appearing for the Case

William Gallagher and Peter Matsoukas for defendant. Robert M. Morgenthau, District Attorney (Rodd Brown of counsel), for plaintiff.

BENTLEY KASSAL, J.

ISSUE

The issue presented by defendant's request to charge is whether the court must instruct the jury that defendant's guilt must be proven "to a moral certainty", as part of the definition of "reasonable doubt".

AUTHORITY FOR CHARGE

Certainly there is much authority which, on first glance, might appear to support defendant's request. The term appears in the standard...

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