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PEOPLE v. SAMPAS

27 A.D.2d 748 (1967)

The People of the State of New York, Respondent, v. Charles Michael Sampas, Appellant

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

February 20, 1967

Reversed, on the law and the facts, and indictment dismissed.

Defendant's guilt was not established beyond a reasonable doubt. The theory of the prosecution was that he appropriated two radios from the premises of his employer. Defendant insisted that he had taken the radios from the trash after they had been discarded. The People's proof on this point, since it was circumstantial in nature, had to be of such a character...

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