People v. Antommarchi
| Decision Date | 05 September 1991 |
| Citation | 573 N.Y.S.2d 285,176 A.D.2d 104 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Domingo ANTOMMARCHI, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before SULLIVAN, J.P., and ROSENBERGER, ELLERIN, ROSS and SMITH, JJ.
Judgment, Supreme Court, New York County (Richard Failla, J.), rendered January 10, 1989, convicting defendant after a jury trial of criminal possession of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment of five to ten years, unanimously affirmed.
Neither reference as a "reasonable person" (see, People v. Flecha, 161 A.D.2d 116, 554 N.Y.S.2d 845, appeal denied, 76 N.Y.2d 856, 560 N.Y.S.2d 996, 561 N.E.2d 896) nor the instruction that a reasonable doubt is "a doubt for which a juror can give a reason if he or she is called upon to do so in the jury room", was reversible error. (See, People v. Jackson, 155 A.D.2d 329, 547 N.Y.S.2d 593, aff'd, 76 N.Y.2d 908, 563 N.Y.S.2d 42, 564 N.E.2d 652.) Defendant's claim that the Allen charge was unbalanced because it unfairly singled out those jurors who were then holding a doubt as to guilt, is unpreserved.
We have considered defendant's remaining contentions and find them to be without merit.
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