People v. Fish

—Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed and new trial granted on counts 1 through 5, 11 and 12 of indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him following a jury trial of three counts of sodomy in the first degree, five counts of sexual abuse in the first degree and two counts of endangering the welfare of a child. Defendant contends that County Court’s instruction to the jury that "a reasonable doubt must be a substantial doubt” is erroneous and denied him due…