People v. Robinson

204 A.D.2d 129, 611 N.Y.S.2d 547, 1994 N.Y. App. Div. LEXIS 5113

Opinion

—Judgment, Supreme Court, New York County (Joan Carey, J.), rendered January 14, 1992, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of lVi to 3 years, unanimously affirmed.

Contrary to defendant’s argument, the instruction that a reasonable doubt "is a doubt which if you were called upon, you could give a reasonable or a rational explanation” did not improperly impose upon the jurors a duty to articulate the reasons for their doubt, but merely "defined the required degree of clarity and coherence of thought, focusing on the jurors’ intellectual effort” (People v Brin, 190 AD2d 512, lv denied 82 NY2d 751, citing People v Antommarchi, 80 NY2d 247, 251-252; see also, People v Uraca, 195 AD2d 377, lv denied 82 NY2d 728; People v Jackson, 155 AD2d 329, affd 76 NY2d 908). Concur—Sullivan, J. P., Wallach, Ross, Rubin and Tom, JJ.