People v. Lewis

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Viewing the entirely circumstantial evidence in a light most favorable to the prosecution, and giving it the benefit of every reasonable inference to be drawn therefrom (People v Way, 59 NY2d 361, 365; People v Montanez, 41 NY2d 53, 57), we agree with the majority at the Appellate Division that defendant’s guilt was proved beyond a reasonable doubt, as the facts from which the inference of his guilt is drawn, when perceived as a whole, are inconsistent with his innocence and exclude to a moral certainty…