People v. Fields

I would reverse the judgment and order a new trial because the court’s reasonable doubt charge incorporated language that diluted the People’s burden of proof and, even when read in conjunction with the remainder of the charge, created a substantial risk of confusion.

We are unanimous in the conclusion that the portion of the reasonable doubt charge of which defendant complains was improper. As is implicit in the majority’s holding, the disputed instruction conveys the false impression that the People may prevail if the evidence weighs slightly more heavily in their *824favor (see, e.g., People v…