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PEOPLE v. TOWNDROW

187 A.D.2d 194 (1993)

The People of the State of New York, Respondent, v. Robert L. Towndrow, Appellant

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

February 5, 1993

Attorney(s) appearing for the Case

Gerald T. Barth, Syracuse (W. Benjamin Coffin of counsel), for Robert T. Towndrow and another, appellants.

Steven Paquette, Syracuse, for George Ward, appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (Gary Kelder of counsel), for respondent.

DENMAN, P. J., GREEN, LAWTON, FALLON and DOERR, JJ., concur.

Per Curiam.

We write to state unequivocally our disapproval of the reasonable doubt instruction given by the trial court. In each of the three cases before us, the court gave an instruction on reasonable doubt that, in its totality, failed to convey to the jury the correct rule of law to be applied in reaching its verdict (see, People v Canty, 60 N.Y.2d 830, 832), and deprived...

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