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PEOPLE v. MEMMINGER

1 A.D.3d 292 (2003)

768 N.Y.S.2d 6

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MEMMINGER, Appellant.

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

November 25, 2003.

Although the court should have employed the standard charge (see CJI2d[NY] Presumption of Innocence, Burden of Proof, Reasonable Doubt), the court's charge, read as a whole, did not shift or misstate the burden of proof or expressly impose an affirmative obligation upon jurors to articulate a basis for harboring a reasonable doubt (see People v Antommarchi, 80 N.Y.2d 247, 251-252 [1992]), and we find no basis for reversal...

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