PEOPLE v. PHELPS


168 A.D.2d 693 (1990)

The People of the State of New York, Respondent, v. Morris Phelps, Appellant

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

December 31, 1990


Ordered that the judgment is affirmed.

The defendant contends that the judgment of conviction should be reversed because the court erroneously defined reasonable doubt in its charge to the jury. We find this contention to be without merit as the court's charge, when read as a whole, properly conveyed to the jury the difference between a reasonable doubt and one based on a "whim, sympathy or some other vague reason" (see, People v Jones,

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