People v. Banks

Judgment unanimously reversed as a matter of discretion in the interest of justice and indictment dismissed without prejudice to the People to re-present any appropriate charge to another Grand Jury. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620), was sufficient to support the conviction and the verdict was *1052not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495).

However, the trial court’s instructions to the jury on reasonable doubt effectively reduced the People’s burden of proof and thereby…