PEOPLE v. PEREZ


194 A.D.2d 455 (1993)

599 N.Y.S.2d 269

The People of the State of New York, Respondent, v. Nelson Perez, Appellant

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

June 22, 1993


Defendant's argument that he was deprived of a fair trial by the court's instruction that the jury apply the reasonable doubt standard only after it first determined the credibility of the witnesses by means of a preponderance standard is unpreserved by objection (CPL 470.05 [2]), and we decline to review it in the interest of justice. Were we to review, we would find that the charge as a whole was proper since it conveyed to the jury that it must determine whether the credible...

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