SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 29, 2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
Appeal from a judgment of the Onondaga County Court (Patrick J. Cunningham, J.), rendered August 9, 1991.
People v. Lugo-rosado
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 29, 2011
PRESENT: SCUDDER, P.J., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.
The judgment convicted defendant, upon a jury verdict, of conspiracy in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on count four of the indictment.
Defendant appeals from a judgment convicting him upon a jury verdict of conspiracy in the second degree (Penal Law § 105.15). We agree with defendant that reversal is required. County Court's instructions to the jury on reasonable doubt unconstitutionally diminished the People's burden of proof, and defendant was thereby deprived of a fair trial (see People v Docen-Perez, 197 AD2d 865; People v Towndrow, 187 AD2d 194, 195-196, lv dismissed 81 NY2d 1021; People v Geddes, 186 AD2d 993; see generally Victor v Nebraska, 511 US 1, 5, reh denied 511 US 1101; Sullivan v Louisiana, 508 US 275, 280-281). In light of our determination, we need not address defendant's remaining contentions.
Entered: April 29, 2011
Patricia L. Morgan Clerk of the Court
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