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People v. Rawlings

Appellate Division of the Supreme Court of New York, First Department
Jan 3, 1991
169 A.D.2d 399 (N.Y. App. Div. 1991)

Opinion

January 3, 1991

Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).


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 possible failure to properly preserve the precise point made on appeal, we have held that a charge defining a reasonable doubt as a doubt for which a jury can "give a reason" is not erroneous (People v Santiago, 164 A.D.2d 824).

In any event, since there was overwhelming proof of the defendant's guilt, the error, if any, would be considered harmless. (People v Crimmins, 36 N.Y.2d 230, 237.)

Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Rubin, JJ.


Summaries of

People v. Rawlings

Appellate Division of the Supreme Court of New York, First Department
Jan 3, 1991
169 A.D.2d 399 (N.Y. App. Div. 1991)
Case details for

People v. Rawlings

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RAWLINGS, Also…

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

Date published: Jan 3, 1991

Citations

169 A.D.2d 399 (N.Y. App. Div. 1991)