People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him of manslaughter in the first degree for the stabbing death of Darryl Taylor, defendant primarily contends that the charge of the court to the jury was erroneous and prejudicial and denied him a fair trial. We disagree.
While it clearly appears that the trial court erred in using the phrase "reasonable degree of certainty” in explaining the concept of proof beyond a reasonable doubt (see, People v La Rosa, 112 AD2d 954; People v Morris, 100 AD2d 600), the absence of any objection by the defendant constituted a failure to preserve this issue…
2Cases cited8 opinions
- People v. ThomasNew York Court of Appeals · 1980
- People v. AhmedNew York Court of Appeals · 1985
- People v. BlackshearAppellate Division of the Supreme Court of the State of New York · 1985
- People v. La RosaAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BeverlyAppellate Division of the Supreme Court of the State of New York · 1989
- People v. JimenezAppellate Division of the Supreme Court of the State of New York · 1989
- People v. NewellAppellate Division of the Supreme Court of the State of New York · 1991
5 more not listed; retrieve them via the Exa API.