People v. Hennessy

—Order unanimously affirmed. Memorandum: The People appeal from an order of County Court granting defendant’s motion to dismiss an indictment charging scheme to defraud in the first degree, petit larceny and falsifying business records in the first degree on the ground that the evidence before the Grand Jury was legally insufficient.

We agree with the People that the court erred in evaluating the proof using the "moral certainty” standard that is applicable at trial. "The sufficiency of the People’s presentation is properly determined by inquiring whether the evidence viewed in the light most…