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PEOPLE v. BRINSON

195 A.D.2d 966 (1993)

601 N.Y.S.2d 890

The People of the State of New York, Respondent, v. Joseph Brinson, Jr., Appellant

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

July 16, 1993

Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Defendant's conviction of conspiracy in the second and fifth degrees must be reversed because "County Court's instructions to the jury on reasonable doubt unconstitutionally diminished the People's burden of proof and deprived defendant of a fair trial" (People v LaPlanche, 193 A.D.2d 1062, 1062-1063; see also, Sullivan v Louisiana...

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