People v. Scott
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction of murder in the second degree is not supported by legally sufficient evidence because the People’s proof failed to exclude to a moral certainty every reasonable hypothesis of innocence. Specifically, defendant asserts that the proof failed to exclude to a moral certainty defendant’s account that the victim was accidentally shot during the struggle with defendant over a shotgun. We disagree. We conclude that the evidence, viewed in the light most favorable to the People, is legally sufficient to support…
2Cases cited6 opinions
- People v. PoblinerNew York Court of Appeals · 1973
- People v. FordNew York Court of Appeals · 1985
- People v. HalmNew York Court of Appeals · 1993
- People v. BoettcherNew York Court of Appeals · 1987
- People v. CasanasAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by6 opinions
- La Torres v. WalkerDistrict Court, S.D. New York · 2000
- People v. VoymasAppellate Division of the Supreme Court of the State of New York · 2007
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2000
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2003
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.