People v. Arca
Appellate Division of the Supreme Court of the State of New York
1Dissent
Doerr, J. (dissenting).
I would reverse the conviction. The People’s proof consisted almost entirely of circumstantial evidence against defendant. When such is the case, for guilt to be proven beyond a reasonable doubt the hypothesis of guilt should flow naturally from the facts proved, and be consistent with them and must exclude to a moral certainty every hypothesis of innocence (People v Benzinger, 36 NY2d 29). This oft-stated rule becomes especially significant when examining several elements of this case. The proof offered at trial was largely medical in nature and consisted of a showing…
2Cases cited5 opinions
- People v. BenzingerNew York Court of Appeals · 1974
- People v. PoplisNew York Court of Appeals · 1972
- People v. FranceAppellate Division of the Supreme Court of the State of New York · 1977
- People v. DockumAppellate Division of the Supreme Court of the State of New York · 1955
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 1976