People v. Myrick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted. Memorandum: 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 based upon the requisite degree of proof (see, People v Walker, 198 AD2d 795; People v Sneed, 193 AD2d 1139, lv denied 82 NY2d 759; see also, Sullivan v Louisiana, 508 US —, 113 S Ct 2078).
We conclude, however, that dismissal of the indictment is not required. The evidence in this circumstantial evidence case (see, People v Francis, 79 NY2d…
2Cases cited6 opinions
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- People v. TorresNew York Court of Appeals · 1986
- People v. RobertsonNew York Court of Appeals · 1980
- People v. FrancisNew York Court of Appeals · 1992
- People v. SneedAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by6 opinions
- Joseph Martin Gaines v. Walter R. KellyCourt of Appeals for the Second Circuit · 2000
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1997
- People v. HawkinsAppellate Division of the Supreme Court of the State of New York · 2002
- People v. JustinianoAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.