People v. Cubino

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

After a jury trial, defendant was convicted of one count of criminal trespass in the second degree and one count of burglary in the second degree. On the appeal to the Appellate Division, defendant contended that part of the trial court’s instruction to the jury on reasonable doubt diluted the standard of proof by referencing that standard to decisions jurors might be called upon to make in their personal lives. The Appellate Division affirmed in a plurality decision with two dissenting votes. We now affirm…