People v. Dargen

Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant’s conviction for murder in the second degree and conspiracy must be reversed because County Court’s instructions to the jury on reasonable doubt unconstitutionally diminished the People’s burden of proof and deprived defendant of a fair trial (see, People v Brinson, 195 AD2d 966; People v LaPlanche, 193 AD2d 1062, lv denied 82 NY2d 756).

There is no merit to the contention that the combination of pre-indictment and post-indictment delay denied defendant his constitutional right to a speedy trial. Although the…