Summary
In People v. Herrmann (9 N.Y.2d 665), we reversed a conviction and ordered a new trial upon the authority of the dissenting memorandum in the Appellate Division, wherein one of the errors mentioned was the definition of reasonable doubt as a doubt for which there is a substantial reason.
Summary of this case from People v. JonesOpinion
Argued November 30, 1960
Decided January 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MILLER B. MORAN, J.
Nancy Carley and John F.X. Sheridan for appellant.
Frank D. O'Connor, District Attorney ( Morton Greenspan and Howard D. Stave of counsel), for respondent.
Judgment reversed and a new trial ordered upon the authority of the dissenting memorandum in the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.