People v. Turrell

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 19, 1977, convicting him of robbery in the first degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. In its charge to the jury, the trial court, in discussing the burden of proof, used the phrase "proof to a moral certainty”. Later in the charge, the trial court advised the jury that any request for a rereading of testimony should be "your last resort.” Although both of these instructions constituted error (see People v Forest,…