People v. Memminger

Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered March 1, 2001, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Although the court should have employed the standard charge (see CJI2d[NY] Presumption of Innocence, Burden of Proof, Reasonable Doubt), the court’s charge, read as a whole, did not shift or misstate the burden of proof or expressly impose an affirmative obligation upon jurors to articulate a basis for harboring a reasonable doubt (see People v Antommarchi, 80 NY2d…