People v. Jackson
| Decision Date | 16 October 1990 |
| Citation | 76 N.Y.2d 908,564 N.E.2d 652,563 N.Y.S.2d 42 |
| Parties | , 564 N.E.2d 652 The PEOPLE of the State of New York, Respondent, v. Ollie JACKSON, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 155 A.D.2d 329, 547 N.Y.S.2d 593, should be affirmed.
In instructing the jury, the trial court stated twice that a reasonable doubt was a doubt for which the jurors would, if called upon, be able to give a reason. It also offered an extended illustration to that effect, using jurors' names. Defense counsel objected that the charge conveyed that a reasonable doubt must be based on a "reason that [the jurors] could articulate." Counsel argued that such an instruction punished less articulate people on the jury, who might vote guilty "because of the charge * * * which says they should be able to articulate their reason."
Defendant's objection to the trial court's definition of a reasonable doubt as a doubt for which some good reason arising from the evidence can be given does not preserve for our review his present claim--that the court's definition and illustration diluted the People's burden of proof by conveying a requirement that the doubting juror must give reasons and must support those reasons with evidence.
Order affirmed in a memorandum.
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