Judgment unanimously reversed on the law and as a matter of discretion in the interest of justice and new trial granted.
Memorandum:
Defendant was convicted, following a jury trial, of rape in the first degree, rape in the second degree, and sexual abuse in the first degree. On appeal, defendant contends that the trial court's instructions to the jury on reasonable doubt deprived him of a fair trial because they impermissibly diminished the People's burden...
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