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PEOPLE v. OSBORNE

248 A.D.2d 491 (1998)

669 N.Y.S.2d 510

The People of the State of New York, Respondent, v. Bridget Osborne, Appellant

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

March 9, 1998

Ordered that the judgment is affirmed.

The trial court's Allen charge with respect to reasonable doubt was not error since it properly defined reasonable doubt as a doubt, based on the evidence or lack of evidence, for which a juror could express a reason if called upon to do so (see, People v Antommarchi, 80 N.Y.2d 247, 252). Moreover, the charge as a whole was balanced, encouraging rather than coercive, and...

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