People v. Sneed

Judgment unanimously reversed as a matter of discretion in the interest of justice, new trial granted on counts two, six, seven and eight of indictment and indictment otherwise dismissed without prejudice to the People to re-present any appropriate charges to another Grand Jury. Memorandum: In its instructions to the jury on reasonable doubt, County Court incorrectly used the phrase "morally and reasonably certain” (see, People v Frank, 186 AD2d 977) and improperly instructed the jury that "it is possible to establish the guilt of a defendant charged with a crime to a reasonable degree of…