People v. Brown

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID BROWN, Appellant

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

Date published: Jun 20, 1988

141 A.D.2d 755 (N.Y. App. Div. 1988)

Opinion

June 20, 1988

Appeal from the Supreme Court, Kings County (Bourgeois, J.).

Ordered that the judgment is affirmed.

The defendant's challenge to the trial court's jury charge on the issue of reasonable doubt is not preserved for appellate review since there was no objection made at trial (see, CPL 470.05). In any event, while we disapprove of the reference to wavering minds to explain the meaning of reasonable doubt (see, e.g., People v Stevenson, 104 A.D.2d 835), the charge, read as a whole, conveyed the correct standard of proof to the jury (see, People v Stevenson, supra). Lawrence, J.P., Weinstein, Spatt and Balletta, JJ., concur.