People v. Mosley

Rosenberger, J. (dissenting).

Defendant Edmond Mosley is now serving a sentence of imprisonment imposed on a judgment entered in Supreme Court, Bronx County (DiFede, J.), on June 23, 1982, following his conviction upon a jury verdict for robbery in the first degree. He appeals on the grounds that his State and Federal constitutional rights to due process and a fair trial were violated. He contends, inter alia, that the jury instructions were inadequate and improper in that they (1) omitted an identification charge; (2) improperly defined reasonable doubt with reference to an "even balance” or…