People v. Alston

211 A.D.2d 498, 621 N.Y.S.2d 329, 1995 N.Y. App. Div. LEXIS 341

Opinion

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered September 25, 1992, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

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 NY2d 247, 251, 252), "and in no way reduced the People’s burden of proof’ People v Johnson, 196 AD2d 765, lv denied 82 NY2d 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 AD2d 793). Concur—Sullivan, J. P., Rosenberger, Nardelli and Williams, JJ.