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PEOPLE v. ORTIZ

92 A.D.2d 595 (1983)

The People of the State of New York, Respondent, v. Wilfredo Ortiz, Appellant

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

February 22, 1983

Judgment affirmed.

In that portion of its charge as to reasonable doubt, the trial court referred to establishing guilt to a "moral certainty", as well as to wavering minds and even scales. Such language was improper (People v Cousart, 74 A.D.2d 877; People v McCray, 57 A.D.2d 632). No exception was taken, however, and examination of the entire charge indicates that the concept of...

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