People v. Melito

Judgment unanimously reversed on the law and new trial granted. Memorandum: In charging the jury on reasonable doubt, the court informed the jury, inter alia, that "[i]t is a doubt which leaves your mind in such a state of suspense that you are unable to say that you are convinced, to a moral certainty, of defendant’s guilt”. The error in the charge deprived defendant of his Fifth Amendment right to a verdict of guilt beyond a reasonable doubt that cannot be excused under the harmless error rule (see, Sullivan v Louisiana, 508 US —, 124 L Ed 2d 182; Cage v Louisiana, 498 US 39).

We have…