People v. Black

Appellate Division of the Supreme Court of New York

People v. Black

77 A.D.2d 603, 430 N.Y.S.2d 5, 1980 N.Y. App. Div. LEXIS 12317

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 14, 1980

StatusPublished

This text of 77 A.D.2d 603 (People v. Black) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Black, 77 A.D.2d 603, 430 N.Y.S.2d 5, 1980 N.Y. App. Div. LEXIS 12317 (N.Y. Ct. App. 1980).

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Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered March 31, 1978, convicting him of burglary in the third degree, grand larceny in the third degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The trial court’s charge as to the element of reasonable doubt as it involved the People’s burden of proof was generally confusing. In addition, although the trial court correctly stated several times that the People have the burden of proving defendant’s guilt beyond a reasonable doubt, it also stated the following: "The rules of law to which I refer do not require that the guilt of the Defendant should be established beyond a reasonable doubt.” (Emphasis added.) This statement is patently erroneous. In view of the equivocal nature of the charge in this respect, we find that the jurors were not properly guided in their deliberations. Accordingly, the defendant was deprived of a fair trial and he therefore must be retried. Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Westchester County, rendered March 31, 1978, convicting him of burglary in the third degree, grand larceny in the third degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The trial court’s charge as to the element of reasonable doubt as it involved the People’s burden of proof was generally confusing. In addition, although the trial court correctly stated several times that the People have the burden of proving defendant’s guilt beyond a reasonable doubt, it also stated the following: "The rules of law to which I refer do not require that the guilt of the Defendant should be established beyond a reasonable doubt.” (Emphasis added.) This statement is patently erroneous. In view of the equivocal nature of the charge in this respect, we find that the jurors were not properly guided in their deliberations. Accordingly, the defendant was deprived of a fair trial and he therefore must be retried. Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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Bluebook (online)

77 A.D.2d 603, 430 N.Y.S.2d 5, 1980 N.Y. App. Div. LEXIS 12317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-black-nyappdiv-1980.