Legal Opinion

People v. Baker

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1993Published

1Opinion of the Court

— Judgment, Supreme Court, New York County (James Leff, J.), rendered March 19, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Since defendant did not object to the language in the court’s charge instructing the jurors that a doubt is reasonable if it is honest, that they were to acquit defendant if their minds were wavering, and that their role was to seek the truth, his argument on appeal that such language diluted the…

2Cases cited2 opinions

  1. People v. RobinsonNew York Court of Appeals · 1975
  2. People v. CazeauAppellate Division of the Supreme Court of the State of New York · 1989

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