People v. Guiteau

Appellate Division of the Supreme Court of New York

People v. Guiteau

204 A.D.2d 1035, 614 N.Y.S.2d 960, 1994 N.Y. App. Div. LEXIS 6864

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

DecidedMay 27, 1994

StatusPublished

Cited by3 cases

This text of 204 A.D.2d 1035 (People v. Guiteau) 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. Guiteau, 204 A.D.2d 1035, 614 N.Y.S.2d 960, 1994 N.Y. App. Div. LEXIS 6864 (N.Y. Ct. App. 1994).

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Opinion

—Judgment unanimously reversed on the law and new trial granted. Memorandum: In its instructions to the jury on reasonable doubt, County Court incorrectly used the phrases "reasonably certain” and "reasonable degree of certainty” when defining the degree of proof to which the People must be held. As we have previously held, that language effectively reduces the People’s burden of proof and thereby deprives defendant of a fair trial (People v Sneed, 193 AD2d 1139, Iv denied 82 NY2d 759). Reversal is required, therefore, and a new trial is granted.

The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Niagara County Court, Hannigan, J.—Assault, 1st Degree.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.

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—Judgment unanimously reversed on the law and new trial granted. Memorandum: In its instructions to the jury on reasonable doubt, County Court incorrectly used the phrases "reasonably certain” and "reasonable degree of certainty” when defining the degree of proof to which the People must be held. As we have previously held, that language effectively reduces the People’s burden of proof and thereby deprives defendant of a fair trial (People v Sneed, 193 AD2d 1139, Iv denied 82 NY2d 759). Reversal is required, therefore, and a new trial is granted.

The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Niagara County Court, Hannigan, J.—Assault, 1st Degree.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.

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Bluebook (online)

204 A.D.2d 1035, 614 N.Y.S.2d 960, 1994 N.Y. App. Div. LEXIS 6864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guiteau-nyappdiv-1994.

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