Legal Opinion
People v. Ortiz
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 1983PublishedCited by 27 opinions
1Opinion of the Court
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered March 6,1980, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. In that portion of its charge as to reasonable doubt, the trial court referred to establishing guilt to a “moral certainty”, as well as to wavering minds and even scales. Such language was improper (People v Cousart, 74 AD2d 877; People v McCray, 57 AD2d 632). No exception was taken, however, and examination of the entire charge indicates that…
2Cases cited5 opinions
- People v. PenaNew York Court of Appeals · 1980
- People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1980
- People v. TurrellAppellate Division of the Supreme Court of the State of New York · 1978
- People v. CousartAppellate Division of the Supreme Court of the State of New York · 1980
- People v. McCrayAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by27 opinions
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. FisherAppellate Division of the Supreme Court of the State of New York · 1985
- People v. WadeAppellate Division of the Supreme Court of the State of New York · 1984
- People v. HarveyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 1983
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