People v. Myers

—Judgment unanimously reversed on the law and new trial granted. Memorandum: The trial court erred by instructing the jury that "[r]easonable doubt must * * * be based entirely and absolutely upon some good, sound substantial reason” and that, if the jury was "reasonably certain as to the defendant’s guilt”, it was their duty to convict defendant (see, People v Jackson, 199 AD2d 1002, Iv denied 83 NY2d 872; see also, People v Grant, 197 AD2d 910, Iv denied 82 NY2d 895; People v Freeman, 193 AD2d 1117, Iv denied 82 NY2d 718). We therefore reverse defendant’s conviction and grant a new trial.…