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People v. Webster

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1994
204 A.D.2d 984 (N.Y. App. Div. 1994)

Opinion

May 27, 1994

Appeal from the Supreme Court, Monroe County, Bergin, J.

Present — Denman, P.J., Lawton, Fallon, Doerr and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Supreme Court did not err in refusing to give a circumstantial evidence instruction that the evidence must exclude to a moral certainty every reasonable hypothesis but guilt. That evidentiary standard applies only to a case based entirely upon circumstantial evidence (see, People v. Daddona, 81 N.Y.2d 990, 992; see also, People v. Goss, 204 A.D.2d 984 [decided herewith]; cf., People v Silva, 69 N.Y.2d 858, 859; People v. Ford, 66 N.Y.2d 428). It does not apply where, as here, the People proffered both direct and circumstantial evidence to prove defendant's guilt (see, People v. Daddona, supra; People v. Barnes, 50 N.Y.2d 375, 379-380; People v. Miller, 167 A.D.2d 958, lv denied 77 N.Y.2d 909; People v Barnes, 162 A.D.2d 1039, 1040, lv denied 76 N.Y.2d 890; People v Brown, 159 A.D.2d 956, 957, lv denied 78 N.Y.2d 1009).


Summaries of

People v. Webster

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1994
204 A.D.2d 984 (N.Y. App. Div. 1994)
Case details for

People v. Webster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK WEBSTER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 27, 1994

Citations

204 A.D.2d 984 (N.Y. App. Div. 1994)
614 N.Y.S.2d 352

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