People v. Reese

• Decision Date: 06 October 1989
• Citation: 545 N.Y.S.2d 882,154 A.D.2d 936
• Parties: PEOPLE of the State of New York, Respondent, v. Novalus REESE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 882

545 N.Y.S.2d 882

154 A.D.2d 936

PEOPLE of the State of New York, Respondent, v. Novalus REESE, Appellant.

Supreme Court, Appellate Division,

Fourth Department.

Oct. 6, 1989.

Edward J. Nowak by Yolanda Villa, Rochester, for appellant.

Howard R. Relin by Elizabeth Clifford, Rochester, for respondent.

Before BOOMER, J.P., and GREEN, PINE, BALIO and DAVIS, JJ.

MEMORANDUM:

Defendant appeals from a judgment convicting him of grand larceny in the fourth degree, arguing that the court's charge with respect to burden of proof constituted reversible error. Although the court erred in referring to proof to a "reasonable degree" and "reasonable certainty" (see, People v. LaRosa, 112 A.D.2d 954, 492 N.Y.S.2d 633; People v. Morris, 100 A.D.2d 600, 473 N.Y.S.2d 550), when viewed in its entirety, the court's charge adequately conveyed the proper standard (see, People v. Canty, 60 N.Y.2d 830, 831-832, 469 N.Y.S.2d 693, 457 N.E.2d 800; People v. Gaines, 143 A.D.2d 520, 521, 532 N.Y.S.2d 944, lv. denied, 73 N.Y.2d 855, 537 N.Y.S.2d 501, 534 N.E.2d 339).

We have examined defendant's remaining arguments on appeal and find them lacking in merit.

Judgment unanimously affirmed.