People v. Lamont

Fahey, J.P., and Feradotto, J. (dissenting).

We respectfully dissent because, in our view, the evidence is legally insufficient to support defendant’s conviction of attempted robbery in the second degree beyond a reasonable doubt (Fenal Law §§ 100.00, *1073160.10 [1], [2] [b]). We would therefore reverse the judgment and dismiss the indictment.

It is “an essential of the due process guaranteed by the Fourteenth Amendment that no person shall be made to suffer the onus of a criminal conviction except upon sufficient proof— defined as evidence necessary to convince a trier of fact beyond a…