PEOPLE v. RIVERA


142 A.D.2d 615 (1988)

The People of the State of New York, Respondent, v. Orlando Rivera, Appellant

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

July 5, 1988


Ordered that the judgment is affirmed.

On appeal, the defendant objects for the first time to the court's use of the phrase "reasonable man" in explaining the concept of "reasonable doubt" and the trial court's statement to the jury "it [reasonable doubt] is a doubt for which a juror can give a reason if he is called upon to do so in the jury room". Because no objection was raised to the charge at the trial, any error is unpreserved for appellate review (see

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