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PEOPLE v. DANIELS

257 A.D.2d 370 (1999)

683 N.Y.S.2d 507

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GRADY DANIELS, Appellant.

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

Decided January 5, 1999.

We find nothing in the court's instructions to the jury on reasonable doubt that would exempt defendant's challenge from the requirement of preservation (People v Thomas, 50 N.Y.2d 467), and we decline to review this unpreserved claim in the interest of justice. Were we to consider this claim, we would find, upon reviewing the totality of the court's instructions on the People's burden of proof and reasonable doubt, that the charge...

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