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PEOPLE v. JACKSON

155 A.D.2d 329 (1989)

The People of the State of New York, Respondent, v. Ollie Jackson, Appellant

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

November 16, 1989

While a more permissive choice of words ("can" instead of "has to") might have been preferable in explaining the jurors' articulation of their reasonable doubt in the jury room, the charge, in its over-all context, did not improperly shift the balance in favor of the prosecution (People v Canty, 60 N.Y.2d 830), and the charge in its entirety left no doubt that the burden of proof remained with...

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