People v. McKinnon

Pigott, J. (dissenting).

I respectfully dissent and would affirm the order of the Appellate Division. The majority states that it will not infer “that whatever the jury saw must have supported its verdict” because when conducting a review of the sufficiency of the evidence, this Court “cannot rely on facts of which no record is made” (majority op at 316). But that only underscores the critical flaw in the majority’s holding, namely, that it is the burden of defendant—the objecting party—and not the People, to develop an adequate record for appellate review (see People v Johnson, 205 AD2d 309…