People State New York v. Steven Francis

Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered November 12, 1981, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Although the trial courts charge to the jury was not perfect, we find that the instructions, in their entirety, did not deprive defendant of a fair trial. The court did not expressly instruct the jury that the Peoples burden, to prove the defendants guilt beyond a reasonable doubt, attached to each and every element of the crimes charged. The significance of reasonable doubt was adequately explained, however, and the jury was instructed to apply that standard to the presumption of innocence and to the element of intent. At other points in the charge and, in its conclusion, the court stated that the jury must decide whether the prosecution had proven defendants guilt beyond a reasonable doubt. We find that the charge, in its entirety, sufficiently conveyed the appropriate burden of proof to the jury (see People v Robinson, 36 N.Y.2d 224). Contrary to defendants assertion the charge sub judice is distinguishable from the charge held deficient in People v Alvarez (96 A.D.2d 864). There, we found [99 A.D.2d 841 Page 842]