People v. Griffith

Miller, J.,

dissents and votes to reverse the judgment and to dismiss the indictment, with the following memorandum: I must respectfully dissent as I find that the weight of the evidence fails to support the jury’s verdict.

In contrast to a challenge to the legal sufficiency of the evidence, which requires the court to view the evidence in a light most favorable to the prosecution, giving it the benefit of every favorable inference to be drawn therefrom (see, People v Contes, 60 NY2d 620), the defendant’s contention that the jury’s verdict is against the weight of the evidence requires an…