People v. Creech

I concur for reversal on constraint of this court’s decision in People v Gayle (76 AD2d 587, 78 AD2d 630). As the Court of Appeals has not explicitly decided the question here involved — whether an inadvertent failure by the Trial Judge to allude in his charge to the presumption of innocence requires a reversal in all cases — I write to express my grave doubt as to whether the per se rule announced in People v Gayle should be the law of this State. Defendant was convicted after jury trial of robbery in the first degree (Penal Law, § 160.15). The evidence of guilt is overwhelming. Defendant…