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,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.