People v. Berkowitz

— Judgment of conviction of conspiracy, first degree, rendered May 19, 1977, Supreme Court, New York County, reversed, on the law, and the indictment dismissed. This case is reminiscent of People v Salko (60 AD2d 307), in that, although there is a great deal of smoke in the form of surmise, suspicion and speculation, there is no solid evidence connecting defendant with the conspiracy of which he stands convicted. The evidence against defendant was entirely circumstantial, which factor is not in itself an obstacle to its use as a basis for operative fact. It did not, however, comply with…