PEOPLE v. DURKIN


200 A.D.2d 684 (1994)

606 N.Y.S.2d 778

The People of the State of New York, Respondent, v. James Durkin, Appellant

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

January 24, 1994


Ordered that the judgment is affirmed.

As part of its charge on reasonable doubt, the trial court stated: "A doubt of the defendant's guilt to be a reasonable doubt must be a doubt for which some reason can be given. The doubt to be reasonable doubt must therefore arise because of the nature and quality of the evidence or from the lack or insufficiency of the evidence."

Contrary to the defendant's contentions, this...

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