Appellate Division of the Supreme Court of the State of New York October 7, 1992 (People v. Frank)

— Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: The trial court’s instructions to the jury on reasonable doubt incorrectly employed the phrases " 'morally and reasonably certain’ ” (People v Johnson, 145 AD2d 932; People v Hewlett, 133 AD2d 417) and " 'reasonable doubt must therefore be based entirely and absolutely on good