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PEOPLE v. RODNEY

Ind. No. 1370/15. Appeal No. 13711. Case No. 2019-627.

193 A.D.3d 657 (2021)

146 N.Y.S.3d 261

2021 NY Slip Op 02609

The People of the State of New York, Respondent, v. David Rodney, Appellant.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Gabe Newland of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Malancha Chanda of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

Defendant did not preserve any of his challenges to the court's charge, and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The court's charge on reasonable doubt was not constitutionally deficient. Although the Criminal Jury Instructions contain the "preferred phrasing," the court's charge, viewed as a whole, conveyed the appropriate principles and did not dilute...

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