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People v. Patterson

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1980
76 A.D.2d 891 (N.Y. App. Div. 1980)

Opinion

June 16, 1980


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 28, 1977, convicting him of robbery in the first degree, burglary in the second degree and petit larceny, upon a jury verdict, and imposing sentence. Judgment affirmed. The trial court's equation, in its charge to the jury, of a reasonable doubt with a doubt to a moral certainty, to which no exception was taken, was improper (People v. Forest, 50 A.D.2d 260, 262). However, when taken as a whole (People v. Fitzgerald, 26 A.D.2d 712, 713), the charge did properly define the concept of reasonable doubt for the jury; the trial court's error, on the record before us, was harmless beyond a reasonable doubt (People v. Crimmins, 36 N.Y.2d 230, 237). We have examined defendant's other contentions, and find them to be without merit. Mangano, J.P., Gibbons, Rabin and Gulotta, JJ., concur.


Summaries of

People v. Patterson

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1980
76 A.D.2d 891 (N.Y. App. Div. 1980)
Case details for

People v. Patterson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE PATTERSON…

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

Date published: Jun 16, 1980

Citations

76 A.D.2d 891 (N.Y. App. Div. 1980)

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