People v. Harris

Malone Jr., J. (dissenting).

Initially, I agree with the majority that “the test for appellate review [of the legal sufficiency of a jury verdict] is the same for both direct and circumstantial evidence” (People v Rossey, 89 NY2d 970, 971-972 [1997]). Indeed, in determining whether a verdict is supported by legally sufficient evidence, this Court must “marshal competent facts most favorable to the People and determine whether, as a matter of law, a jury could logically conclude that the People sustained its burden of proof’ (People v Danielson, 9 NY3d 342, 349 [2007]; see People v Bleakley, 69…