PEOPLE v. DEE


106 A.D.2d 582 (1984)

The People of the State of New York, Respondent, v. Joseph Dee, Appellant

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

December 24, 1984


Judgment affirmed.

In the portion of its charge defining reasonable doubt, the trial court equated proof "beyond a reasonable doubt" with proof to a "moral certainty." It further told the jurors that they must acquit if their "minds are wavering" or if the "scales are even". It is well established that such language is improper (see, e.g., People v Wade, 99 A.D.2d 474; People v Ortiz, 92 A.D.2d 595...

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