People v. Brinson
Opinion of the Court
Judgment
There is no merit to defendant’s assertion that the trial court’s reasonable doubt instruction improperly shifted the burden of proof (see, People v Miller, 199 AD2d 1095; People v Zebrowski, 198 AD2d 716). Defendant’s contentions that the trial court improperly marshalled the evidence and that the proof is legally insufficient to support the verdict likewise lack merit. We further conclude that the verdict is not contrary to the weight of evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Denman, P. J., Green, Balio, Lawton and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.