PEOPLE v. LANNI


73 A.D.2d 538 (1979)

The People of the State of New York, Respondent, v. Carmine Lanni, Appellant

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

December 13, 1979


Defendant contests the validity of the trial court's charge on reasonable doubt. The People must prove the guilt of the defendant beyond a reasonable doubt and a charge, as here, that the standard of proof is "to a reasonable degree of certainty," i.e., a mental "state of suspension so that you are unable to say that you are convinced that there is a strong probability of the defendant's guilt" permits a lesser standard and constituted error. Further, the trial court...

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