People v. Kennedy

Judgment unani*877mously reversed on the law and new trial granted. Memorandum: County Court impermissibly reduced the People’s burden of proof when it charged the jury that “you can get proof to a reasonable degree and that is the burden to which the People are held” (see, People v Sosby, 197 AD2d 909, 910; see also, People v Garrett, 207 AD2d 948; People v Bradley, 201 AD2d 914; People v Grant, 197 AD2d 910, lv denied 82 NY2d 895; People v Sneed, 193 AD2d 1139, lv denied 82 NY2d 759). As a result, defendant was deprived of a fair trial.

We have examined the remaining arguments, including those…