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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
May 19, 1998
250 A.D.2d 478 (N.Y. App. Div. 1998)

Opinion

May 19, 1998

Appeal from the Supreme Court, Bronx County (John Collins, J.)


Defendants challenge to the courts reasonable doubt instruction is unpreserved for appellate review as a matter of law, and we decline to review it in the interest of justice. Were we to review it, we would find that although "[t]he preferred phrasing to convey the concept and degree of reasonable doubt is illustrated in the Pattern Criminal Jury Instructions", ( People v. Cubino, 88 N.Y.2d 998, 1000), the charge, as a whole, conveyed the proper standard concerning the Peoples burden of proving defendants guilt beyond a reasonable doubt ( supra, at 1000).

We perceive no abuse of sentencing discretion.

Concur — Milonas, J.P., Rosenberger, Nardelli, Wallach and Rubin, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
May 19, 1998
250 A.D.2d 478 (N.Y. App. Div. 1998)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO RODRIGUEZ…

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

Date published: May 19, 1998

Citations

250 A.D.2d 478 (N.Y. App. Div. 1998)
672 N.Y.S.2d 701

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Petitioner's objection to the reasonable doubt charge was presented to the Appellate Division on direct…