Legal Opinion
People v. Freeman
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1993PublishedCited by 10 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 improperly instructed the jury that "Reasonable doubt must * * * be based entirely and absolutely upon some good, sound, substantial reason” (see, People v Payne, 192 AD2d 1117; People v Frank, 186 AD2d 977; see also, People v Towndrow, 187 AD2d 194) and that the People bore the burden of establishing guilt "to a reasonable degree of certainty” (People v Payne, supra; People v Frank, supra). Because the court’s charge effectively reduced the People’s burden of…
2Cases cited4 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. FrankAppellate Division of the Supreme Court of the State of New York · 1992
- People v. TowndrowAppellate Division of the Supreme Court of the State of New York · 1993
- People v. PayneAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by10 opinions
- Joseph Martin Gaines v. Walter R. KellyCourt of Appeals for the Second Circuit · 2000
- People v. LaPlancheAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BrinsonAppellate Division of the Supreme Court of the State of New York · 1993
- People v. SosbyAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BanksAppellate Division of the Supreme Court of the State of New York · 1993
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