Legal Opinion · Dissent

People v. Arca

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 1980Published

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

  1. People v. BenzingerNew York Court of Appeals · 1974
  2. People v. PoplisNew York Court of Appeals · 1972
  3. People v. FranceAppellate Division of the Supreme Court of the State of New York · 1977
  4. People v. DockumAppellate Division of the Supreme Court of the State of New York · 1955
  5. People v. StevensAppellate Division of the Supreme Court of the State of New York · 1976

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