People v. Nazario

OPINION OF THE COURT

Phylis Skloot Bamberger, J.

One of the primary goals of a court’s instructions on proof beyond a reasonable doubt is to distinguish for the jury between a reasonable doubt and doubts based on whim, prejudice, speculation or other vague reasons. (People v Malloy, 55 NY2d 296, 303 [1982]; People v Jones, 27 NY2d 222, 226-227 *935[1970]; People v Barker, 153 NY 111, 114 [1897].)1 The question raised by this case2 is whether the distinction between reasonable doubt and doubts based on other grounds must be explained by defining reasonable doubt as one based on the "evidence or lack…