People v. Young

— Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: County Court erroneously instructed the jury on reasonable doubt that the jury must be "morally and reasonably” certain of defendant’s guilt (see, People v Bradley, 201 AD2d 914; People v Frank, 186 AD2d 977), and that "it is possible to establish the guilt of a defendant charged with a crime to a reasonable degree of certainty. To that degree of proof, the People must be held *801and are held under the law [emphasis added]” (see, People v Moore, 231 AD2d 918; People v Sneed,…