People v. Love
Appellate Division of the Supreme Court of the State of New York
1Dissent
Weinstein, J.,
dissents and votes to affirm in the judgment, with the following memorandum: I cannot adhere to the majority’s conclusion that the proof is insufficient, as a matter of law, to sustain the verdict finding defendant guilty of criminal possession of a forged instrument in the second degree. In my view, the direct and circumstantial evidence linking defendant to the subject crime was legally sufficient to establish every element of that crime beyond a reasonable doubt. H With respect to the standard of proof necessary for a jury to convict a defendant based upon circumstantial…
2Cases cited5 opinions
- People v. BenzingerNew York Court of Appeals · 1974
- People v. GrossAppellate Division of the Supreme Court of the State of New York · 1976
- People v. GreenNew York Court of Appeals · 1981
- People v. ScarincioAppellate Division of the Supreme Court of the State of New York · 1983
- People v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1975