PEOPLE v. FOX


72 A.D.2d 146 (1980)

The People of the State of New York, Respondent, v. James Fox, Appellant

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

January 3, 1980


Attorney(s) appearing for the Case

John D. B. Lewis of counsel (William E. Hellerstein, attorney), for appellant.

Michael Gary Hilf of counsel (Robert M. Morgenthau, District Attorney), for respondent.

KUPFERMAN, J. P., SANDLER, SULLIVAN, BLOOM and SILVERMAN, JJ., concur.


Per Curiam.

In this case, as in a number of recent criminal appeals, defendant urges that it was error for the trial court to charge that proof of guilt beyond a reasonable doubt is synonymous with proof "to a moral certainty." We take this occasion to state that in our view this is not error.

The correct and determinative standard is of course that guilt must be proved beyond a reasonable doubt. And in every case the trial court should explicitly charge...

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