PEOPLE v. NEWELL


178 A.D.2d 959 (1991)

The People of the State of New York, Respondent, v. Richard Newell, Appellant

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

December 26, 1991


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

In its charge to the jury, the trial court incorrectly defined reasonable doubt as a doubt "based entirely and absolutely on good sound substantial reason" and, on three occasions, stated that a juror who harbors doubt should be able to articulate a good reason for such doubt to his fellow jurors. Defendant objected to the charge as given, thereby preserving this issue for review....

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