Legal Opinion
People v. Dee
Appellate Division of the Supreme Court of the State of New York
Decided December 24, 1984PublishedCited by 9 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Queens County (Glass, J.), rendered May 19, 1983, convicting him of criminal possession of stolen property in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.
Judgment affirmed.
In the portion of its charge defining reasonable doubt, the trial court equated proof “beyond a reasonable doubt” with proof to a “moral certainty.” It further told the jurors that they must acquit if their “minds are wavering” or if the “scales are even”. It is well established that such language is improper (see, e.g., People…
2Cases cited5 opinions
- People v. PenaNew York Court of Appeals · 1980
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1983
- People v. WadeAppellate Division of the Supreme Court of the State of New York · 1984
- People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1980
- People v. TurrellAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by9 opinions
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. FisherAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1986
- People v. HanleyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1989
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