People v. Sandoval

I concur in the result, but I take this opportunity to express my views pertaining to the inappropriate use of the expression “to a moral certainty” in instructing a jury. I object to its use whether or not such phrase is appended to the words “beyond a reasonable doubt” or if used in connection with the pattern charge given for the evaluation of circumstantial evidence. Judge Fuchsberg recently took cognizance of the inherent difficulties encountered when a Trial Judge instructs a jury in language containing the phrase “ ‘to a moral certainty’ ” (People v Gonzalez, 54 NY2d 729, 730). One of…