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PEOPLE v. JOYCE

Appellate Division of the Supreme Court of New York, Second Department.
Jan 16, 1990

Ordered that the judgment is affirmed.

Isolated statements contained in the trial court's instructions to the jury were improper (cf., People v. Smith, 113 A.D.2d 905, 908). However, the court's charge, read in its entirety, unquestionably conveyed to the jurors the proper standard by which they were to judge the defendant's guilt or innocence, and unequivocally enjoined upon them the duty to acquit the defendant unless they were to find that the prosecution had proved, beyond any reasonable doubt, all of the elements of the particular crimes charged. The jury charge was, in short, adequate (see generally, People v. Russell, 266 N.Y. 147; People v. Rodriguez, 118 A.D.2d 878; People v. Richardson, 117 A.D.2d 825). We have examined the defendant's remaining contention, and find it to be without merit. Mangano, J.P., Bracken, Kooper and Sullivan, JJ., concur.