Legal Opinion

People v. Sosby

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 1993PublishedCited by 6 opinions

1Opinion of the Court

—Judgment unanimously reversed on the law and new trial granted on count *910two of indictment. Memorandum: Defendant was found guilty of the crime of manslaughter in the first degree under count two of the indictment and acquitted of murder in the second degree under count one. The trial court improperly reduced the People’s burden of proof when it charged the jury 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” (see, People v Freeman, 193 AD2d 1117; People v Payne, 192 AD2d…

2Cases cited6 opinions

  1. Sullivan v. LouisianaSupreme Court of the United States · 1993
  2. Cage v. LouisianaSupreme Court of the United States · 1990
  3. People v. FrankAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. FreemanAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. PayneAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by6 opinions

  1. Joseph Martin Gaines v. Walter R. KellyCourt of Appeals for the Second Circuit · 2000
  2. People v. GrantAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. GarrettAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. MooreAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. KennedyAppellate Division of the Supreme Court of the State of New York · 1997

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