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People v. Alston

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 1995
211 A.D.2d 498 (N.Y. App. Div. 1995)

Opinion

January 17, 1995

Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).


Defendant contends that the jury charge on reasonable doubt impermissibly shifted the burden of proof. The charge, viewed as a whole, conveyed the proper standard. The court's singular statement that the jurors " must be in a position to furnish their reason if asked to do so" by a fellow juror, did not impose an "affirmative obligation" on the jurors "to supply concrete reasons `based upon the evidence' for [an] inclination to acquit" (People v. Antommarchi, 80 N.Y.2d 247, 251, 252), "and in no way reduced the People's burden of proof" (People v Johnson, 196 A.D.2d 765, lv denied 82 N.Y.2d 926). Nor do we find error in the court's description of reasonable doubt as a doubt that would make a "reasonable person * * * hesitate to act" (see, People v. Quinones, 123 A.D.2d 793).

Concur — Sullivan, J.P., Rosenberger, Nardelli and Williams, JJ.


Summaries of

People v. Alston

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 1995
211 A.D.2d 498 (N.Y. App. Div. 1995)
Case details for

People v. Alston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY ALSTON…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 17, 1995

Citations

211 A.D.2d 498 (N.Y. App. Div. 1995)
621 N.Y.S.2d 329

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