Legal Opinion
People v. Fox
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 1980PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In this case, as in a number of recent criminal appeals, defendant urges that it was error for the trial court to charge that proof of guilt beyond a reasonable doubt is synonymous with proof "to a moral certainty.” We take this occasion to state that in our view this is not error.
The correct and determinative standard is of course that guilt must be proved beyond a reasonable doubt. And in every case the trial court should explicitly charge that as the *147determinative standard, using the statutory phrase "beyond a reasonable doubt.” (CPL 300.10, subd 2.) But this does not…
3Cases cited5 opinions
- People v. KennedyNew York Court of Appeals · 1979
- People v. JonesNew York Court of Appeals · 1970
- People v. ForestAppellate Division of the Supreme Court of the State of New York · 1975
- People v. . BonifacioNew York Court of Appeals · 1907
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 1978
4Cited by28 opinions
- People v. MosleyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 1983
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2004
- People v. HagiAppellate Division of the Supreme Court of the State of New York · 1991
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