PEOPLE v. YOUNG (1997)

County Court erroneously instructed the jury on reasonable doubt that the jury must be “morally and reasonably” certain of defendant's guilt (see, People v. Bradley, 201 A.D.2d 914, 610 N.Y.S.2d 901;  People v. Frank, 186 A.D.2d 977, 588 N.Y.S.2d 670), and that “it is possible to establish the guilt of a defendant charged with a crime to a reasonable degree of certainty.   To that degree of proof, the People must be held and are held under the law [emphasis added]” (see, People v. Moore, 231 A.D.2d 918, 647 N.Y.S.2d 894;  People v. Sneed, 193 A.D.2d 1139, 598 N.Y.S.2d 624, lv. denied 82 N.Y.2d 759, 603 N.Y.S.2d 1001, 624 N.E.2d 187;  People v. Payne, 192 A.D.2d 1117, 596 N.Y.S.2d 282).   Because those instructions effectively reduced the People's burden of proof, thereby depriving defendant of a fair trial, we reverse the conviction as a matter of discretion in the interest of justice and grant a new trial (see, CPL 470.15[6][a];  People v. Sneed, supra;  People v. Payne, supra;  People v. Frank, supra ).

We have reviewed defendant's remaining contention and conclude that it is without merit.

Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted.

MEMORANDUM: