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.