People v. Williams

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to that court for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]) and issues raised by defendant but not considered on the appeal to that court.

The Appellate Division reversed defendant’s conviction on the law for insufficient evidence. However, it erroneously reviewed the evidence pursuant to a standard available only to a trier of fact: whether the circumstantial evidence excluded "to a moral certainty” every reasonable hypothesis of innocence. A court reviewing…