PEOPLE v. FAGIOLO

2939, 2883/13.

146 A.D.3d 724 (2017)

2017 NY Slip Op 00603

46 N.Y.S.3d 80

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIZABETH FAGIOLO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 31, 2017.


The verdict was not supported by legally sufficient evidence. Even when viewed most favorably to the People, the evidence was insufficient to establish accessorial liability beyond a reasonable doubt (see generally Penal Law § 20.00).

With defendant sitting in the passenger seat of the car her boyfriend was driving, the car followed a van being driven by the shooting victim, a man who had recently fired the friend of defendant and her boyfriend. The friend...

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