Legal Opinion
People v. Way
New York Court of Appeals
Decided July 5, 1983PublishedCited by 111 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
Defendant was convicted, following a jury trial, of burglary in the first degree and robbery in the second degree. 'He argues on this appeal that the evidence of his guilt, being entirely circumstantial, did not establish his participation in these crimes beyond a reasonable doubt. We agree that the circumstantial evidence offered against defendant was insufficient, inasmuch as the facts adduced are not inconsistent with defendant’s innocence, nor does the evidence exclude to a moral certainty every reasonable hypothesis of innocence. The order of the Appellate…
2Cases cited6 opinions
- People v. KennedyNew York Court of Appeals · 1979
- People v. BenzingerNew York Court of Appeals · 1974
- People v. CleagueNew York Court of Appeals · 1968
- People v. BeardenNew York Court of Appeals · 1943
- People v. WachowiczNew York Court of Appeals · 1968
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3Cited by111 opinions
- People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
- People v. LewisNew York Court of Appeals · 1985
- People v. SteinbergAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MorganNew York Court of Appeals · 1985
- People v. SimsAppellate Division of the Supreme Court of the State of New York · 1985
106 more not listed; retrieve them via the Exa API.