People v. Docen-Perez

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendants’ convictions must be reversed because the court’s instructions on reasonable doubt unconstitutionally diminished the People’s burden of proof and defendants thereby were deprived of a fair trial (see, People v Brinson, 195 AD2d 966; People v Towndrow, 187 AD2d 194, lv dismissed 81 NY2d 1021; see also, Sullivan v Louisiana, 508 US —, 113 S Ct 2078). We find no other reversible error in the issues raised by defendants. (Appeal from Judgment of Onondaga County Court, Cunningham, J.—Criminal Sale Controlled…