Legal Opinion

People v. Jimenez

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1989PublishedCited by 8 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant contends that the court’s charge on reasonable doubt deprived him of a fair trial. From a review of the whole charge, we conclude that the court’s charge on reasonable doubt was sufficient because the jury would gather from it the correct rule to apply in arriving at its verdict (People v Canty, 60 NY2d 830, 832). However, we reiterate our strong disapproval of use of the phrases "reasonable degree of certainty” and "good, sound, substantial reasons” when describing proof beyond a reasonable doubt (People v Price, 144 AD2d 1013; People v…

2Cases cited5 opinions

  1. People v. CantyNew York Court of Appeals · 1983
  2. People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. HewlettAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. PeoplesAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by8 opinions

  1. People v. TowndrowAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. DemottAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. GreenAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. NewellAppellate Division of the Supreme Court of the State of New York · 1991

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