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PEOPLE v. SMITH

170 A.D.2d 1040 (1991)

The People of the State of New York, Respondent, v. Michael L. Smith, Appellant

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

February 1, 1991

Judgment unanimously affirmed.

Memorandum:

Although it was inappropriate for County Court to use the phrase "reasonable degree of certainty" in explaining to the jury the concept of proof beyond a reasonable doubt (see, People v Hewlett, 133 A.D.2d 417), the absence of any objection by defendant constitutes a failure to preserve that issue for our review (see, CPL 470.05 [2]). Further, reviewing the...

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