PEOPLE v. LEE HARDY


136 A.D.2d 915 (1988)

The People of the State of New York, Respondent, v. David Lee Hardy, Appellant

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

January 29, 1988


Judgment unanimously affirmed.

Memorandum:

Defendant maintains on this appeal that the trial court's instructions to the jury defining reasonable doubt improperly shifted the burden of proof. While it is apparent that the trial court misspoke during its charge to the jury when it used the word "innocence" instead of guilt in explaining the concept of proof beyond a reasonable doubt, the absence of timely objection by the defendant constitutes a failure to...

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