[Download] "People v. Herbert Jones" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Herbert Jones
- Author : Supreme Court of New York
- Release Date : January 06, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
DECISION & ORDER Ordered that the judgment is affirmed. The defendant contends that the court's isolated query "Who speaks the truth? This is a question for you to decide", delivered
at the end of its charge impermissibly shifted the burden of proof to him. The defense counsel took no exception to the charge
as given and, thus, this claim of error is not preserved for appellate review (see, CPL 470.05[2]; People v Contes, 60 N.Y.2d
620, 621; People v Cadorette, 56 N.Y.2d 1007, 1009). In any event, the court's charge viewed in its entirety adequately explained
the concepts of reasonable doubt and the People's burden of proof and made it clear that the defendant bore no burden of proof
(see, People v Coleman, 70 N.Y.2d 817, 819; People v Green, 154 A.D.2d 616; People v Burns, 133 A.D.2d 642; see also, People
v Flecha, 161 A.D.2d 116). Thus, the court's isolated remarks did not shift the burden of proof to the defendant. The jury
hearing the whole charge was properly instructed as to the correct principles to be applied in reaching its verdict (see,
People v Canty, 60 N.Y.2d 830).