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PEOPLE v. JACKSON

199 A.D.2d 1002 (1993)

605 N.Y.S.2d 590

The People of the State of New York, Respondent, v. Saynoral A. Jackson, Appellant

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

December 29, 1993

Judgment unanimously reversed on the law and new trial granted.

Memorandum:

The trial court erred in instructing the jury that "[r]easonable doubt must * * * be based entirely and absolutely upon some good, sound substantial reason" and that the People bore the burden of establishing guilt "to a reasonable degree of certainty" (see, People v Freeman, 193 A.D.2d 1117). We, therefore, reverse defendant's conviction...

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