People v. Baker

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BAKER, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 2, 1993

190 A.D.2d 508 (N.Y. App. Div. 1993)

593 N.Y.S.2d 16

Opinion

February 2, 1993

Appeal from the Supreme Court, New York County (James Leff, J.).

Since defendant did not object to the language in the court's charge instructing the jurors that a doubt is reasonable if it is honest, that they were to acquit defendant if their minds were wavering, and that their role was to seek the truth, his argument on appeal that such language diluted the People's burden of proof is not preserved for review (CPL 470.05; People v Robinson, 36 N.Y.2d 224). Moreover, since the charge as a whole properly explained the concept of reasonable doubt, a reversal in the interest of justice is not warranted (People v Cazeau, 154 A.D.2d 611, 612, lv denied 75 N.Y.2d 768).

Concur — Murphy, P.J., Wallach, Ross and Asch, JJ.