People v. Gaines

—Judgment unanimously affirmed. Memorandum: Viewing the evidence in this wholly circumstantial evidence case in the light most favorable to the prosecution (see, People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), we find that it was legally sufficient to establish defendant’s guilt beyond a reasonable doubt (see, People v Bleakley, 69 NY2d 490, 495; People v Marin, 65 NY2d 741, 742), and "to exclude to a moral certainty every reasonable hypothesis of innocence” (People v Vasquez, 131 AD2d 523; see also, People v Riddick, 130 AD2d 780). The trial evidence established that entry into…