People v. McQueen

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was convicted, following a jury trial, of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]) and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). The People concede that County Court’s instructions to the jury on reasonable doubt unconstitutionally diminished the People’s burden of proof. Therefore, defendant was deprived of a fair trial (see, People v Brinson, 195 AD2d 966; *996People v LaPlanche, 193 AD2d 1062, 1062-1063, lv…