PEOPLE v. TURRELL


66 A.D.2d 862 (1978)

The People of the State of New York, Respondent, v. Harry Turrell, Appellant

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

December 26, 1978


Judgment affirmed. In its charge to the jury, the trial court, in discussing the burden of proof, used the phrase "proof to a moral certainty". Later in the charge, the trial court advised the jury that any request for a rereading of testimony should be "your last resort." Although both of these instructions constituted error (see People v Forest, 50 A.D.2d 260; CPL 310.30), it is our view that defendant was not deprived of a fair...

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