PEOPLE v. MILLER


159 A.D.2d 224 (1990)

The People of the State of New York, Respondent, v. James Miller, Appellant

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

March 1, 1990


Defendant contends that he was deprived of due process by the court's charge on reasonable doubt and by its omission of a "police witness" charge. These contentions are not preserved as a matter of law and we decline to reach them (CPL 470.05 [2]). Were we to consider them in the interest of justice, we would nevertheless affirm, finding them to be without merit. The court correctly charged the jury that reasonable doubt is one "for which some reason can be given" (see...

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