Judgment unanimously reversed on the law and new trial granted.
Memorandum:
County Court's reasonable doubt instruction to the jury unconstitutionally diminished the People's burden of proof and deprived defendant of his Fifth Amendment right to a verdict based upon the requisite degree of proof (see, People v Walker,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.