PEOPLE v. CONTALDO


4 A.D.2d 706 (1957)

The People of the State of New York, Respondent, v. Thomas Contaldo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 24, 1957


Judgment unanimously affirmed.

In our opinion the jury was free to find, from all of the proof in the case, that the circumstances involving the appellant in the participation of the crimes charged were established by clear and convincing evidence and excluded to a moral certainty every other inference but that of appellant's guilt (People v. Foley, 307 N.Y. 490). The trial court committed no error in charging the jury that the...

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