People v. McLean
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carro, J.
The order granting the defendant’s motion to set aside the verdict of murder in the second degree, on the ground that the evidence was insufficient as a matter of law, should be affirmed. We are persuaded that the circumstantial evidence presented was insufficient to convict the defendant of acting alone or in concert with others to intentionally commit this crime.
The court below granted the defendant’s motion and dismissed the case, relying largely upon People v Williams (35 NY2d 783, revg 41 AD2d 711 [on dissent of Murphy, J.]), which dealt with a very similar…
2Cases cited14 opinions
- People v. KennedyNew York Court of Appeals · 1979
- People v. BenzingerNew York Court of Appeals · 1974
- People v. YazumNew York Court of Appeals · 1963
- People v. La BelleNew York Court of Appeals · 1966
- People v. CleagueNew York Court of Appeals · 1968
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3Cited by24 opinions
- People v. KaplanNew York Court of Appeals · 1990
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1987
- People v. ComfortAppellate Division of the Supreme Court of the State of New York · 1985
- People v. CummingsAppellate Division of the Supreme Court of the State of New York · 1987
- In re Peter J.Appellate Division of the Supreme Court of the State of New York · 1992
19 more not listed; retrieve them via the Exa API.