People v. Rawlings

168 A.D.2d 266, 562 N.Y.S.2d 934, 1990 N.Y. App. Div. LEXIS 14814

Opinion

Judgment of the Supreme Court, New York County (Jerome Hornblass, J.), rendered October 30, 1987, convicting defendant, after a jury trial, of burglary in the third degree and sentencing him, as a second felony offender, to an indetermínate prison term of from 3 Vi to 7 years, unanimously affirmed.

In this prosecution for the burglary of a restaurant, the only issue raised concerns the court’s charge to the jury with respect to the requirement that guilt be proven beyond a reasonable doubt. Aside from a possible failure to properly preserve the precise point made on appeal we have held that a change defining a reasonable doubt as a doubt for which a juror can "give a reason” is not erroneous (People v Santiago, 164 AD2d 824).

In any event, there was overwhelming proof of the defendant’s guilt. Concur—Sullivan, J. P., Milonas, Rosenberger, Ellerin and Rubin, JJ.