People v. Stefano

Appeal by defendant from a judgment of the County Court, Westchester County, rendered November 28, 1979, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the County Court, Westchester County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The defendant contends that the circumstantial evidence against him was insufficient, as a matter of law, to establish guilt beyond a reasonable doubt. In order to sustain a guilty verdict based solely on…