People v. Romanelli
Cases that cite this one
5 later published cases cite this decision.
- People v. Allen (Appellate Division of the Supreme Court of New York 2002)
- People v. Snyder (Appellate Division of the Supreme Court of New York 2001)
- People v. Willson (Appellate Division of the Supreme Court of New York 2000)
- People v. Redd (Appellate Division of the Supreme Court of New York 1999)
- People v. Morris (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]) and petit larceny (Penal Law § 155.25), defendant contends that County Court’s instruction to the jury that a "reasonable doubt” has "been said to be a doubt that’s conformable with sound sense and good judgment” impermissibly reduced the People’s burden of proof and deprived defendant of a fair trial. We conclude that there is no merit to defendant’s contention. The instruction on reasonable doubt, when viewed as a whole, does not require reversal (see, People v Fish, 234 AD2d 890; People v Paris, 229 AD2d 926, lv denied 88 NY2d 1070). Nevertheless, we advise Trial Judges to
Defendant also contends that misconduct by the prosecutor during his summation deprived defendant of a fair trial. Because defendant failed to object to any of the alleged instances of misconduct, he has failed to preserve the issue for our review (see, CPL 470.05 [2]; People v Bell, 234 AD2d 915; People v Pringle, 226 AD2d 1072, 1073, lv denied 88 NY2d 940). In any event, defendant’s contention is without merit. The prosecutor’s comments were in response to defense counsel’s summation and were not so egregious that defendant was deprived of his right to a fair trial (see, People v Galloway, 54 NY2d 396, 401; People v Robinson, 234 AD2d 1009).
There is no merit to the contention of defendant raised in his pro se supplemental brief that he was denied effective assistance of counsel (see, People v Baldi, 54 NY2d 137, 147). (Appeal from Judgment of Monroe County Court, Connell, J.— Burglary, 2nd Degree.) Present—Green, J. P., Pine, Lawton, Callahan and Fallon, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.