Legal Opinion
People v. Frank
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1992PublishedCited by 16 opinions
1Opinion of the Court
— Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: The trial court’s instructions to the jury on reasonable doubt incorrectly employed the phrases " 'morally and reasonably certain’ ” (People v Johnson, 145 AD2d 932; People v Hewlett, 133 AD2d 417) and " 'reasonable doubt must therefore be based entirely and absolutely on good *978sound substantial reason’ ” (People v Johnson, supra, at 932; People v La Rosa, 112 AD2d 954; see also, People v Newell, 178 AD2d 959). Additionally, the trial court improperly instructed the jury that…
2Cases cited5 opinions
- Cage v. LouisianaSupreme Court of the United States · 1990
- People v. La RosaAppellate Division of the Supreme Court of the State of New York · 1985
- People v. HewlettAppellate Division of the Supreme Court of the State of New York · 1987
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. NewellAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by16 opinions
- Joseph Martin Gaines v. Walter R. KellyCourt of Appeals for the Second Circuit · 2000
- People v. TowndrowAppellate Division of the Supreme Court of the State of New York · 1993
- People v. ParisAppellate Division of the Supreme Court of the State of New York · 1996
- People v. SneedAppellate Division of the Supreme Court of the State of New York · 1993
- People v. FreemanAppellate Division of the Supreme Court of the State of New York · 1993
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