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People v. Reese

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1989
154 A.D.2d 936 (N.Y. App. Div. 1989)

Opinion

October 6, 1989

Appeal from the Supreme Court, Monroe County, Corning, J.

Present — Boomer, J.P., Green, Pine, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of grand larceny in the fourth degree, arguing that the court's charge with respect to burden of proof constituted reversible error. Although the court erred in referring to proof to a "reasonable degree" and "reasonable certainty" (see, People v La Rosa, 112 A.D.2d 954; People v Morris, 100 A.D.2d 600), when viewed in its entirety, the court's charge adequately conveyed the proper standard (see, People v Canty, 60 N.Y.2d 830, 831-832; People v Gaines, 143 A.D.2d 520, 521, lv denied 73 N.Y.2d 855).

We have examined defendant's remaining arguments on appeal and find them lacking in merit.


Summaries of

People v. Reese

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1989
154 A.D.2d 936 (N.Y. App. Div. 1989)
Case details for

People v. Reese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOVALUS REESE…

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

Date published: Oct 6, 1989

Citations

154 A.D.2d 936 (N.Y. App. Div. 1989)

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