Wachtler, J. (dissenting). I agree with the majority that the court’s instructions regarding the People’s obligation to establish guilt beyond a reasonable doubt were at least “ confusing ”, “ misleading ” and “ ineptly phrased ”. I do not agree that the error is not reviewable by this court because defense counsel failed to object or except to the charge. The general rule precluding our court from reviewing an error .unless an ob…
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