People v. Walker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law, motion granted and new trial granted. Memorandum: Defendant’s conviction must be *786reversed because County Court’s reasonable doubt instruction to the jury unconstitutionally diminished the People’s burden of proof and deprived defendant of his Fifth Amendment right to a verdict of guilt beyond a reasonable doubt (see, People v Brinson, 195 AD2d 966; People v Melito, 195 AD2d 1014; People v Sneed, 193 AD2d 1139; see also, Sullivan v Louisiana, 508 US —, 113 S Ct 2078).
We also conclude that County Court erred in failing to grant in its entirety…
2Cases cited24 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Payton v. New YorkSupreme Court of the United States · 1980
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- Texas v. BrownSupreme Court of the United States · 1983
- Nix v. WilliamsSupreme Court of the United States · 1984
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3Cited by8 opinions
- Joseph Martin Gaines v. Walter R. KellyCourt of Appeals for the Second Circuit · 2000
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- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2022
- People v. BennettAppellate Division of the Supreme Court of the State of New York · 2001
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