PEOPLE v. MITCHELL


124 A.D.2d 977 (1986)

The People of the State of New York, Respondent, v. Ruby Mitchell, Appellant

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

November 10, 1986


Judgment affirmed.

Memorandum:

On appeal from a judgment convicting him of manslaughter in the first degree for the stabbing death of Darryl Taylor, defendant primarily contends that the charge of the court to the jury was erroneous and prejudicial and denied him a fair trial. We disagree.

While it clearly appears that the trial court erred in using the phrase "reasonable degree of certainty" in explaining the concept of proof beyond a reasonable doubt...

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