PEOPLE v. WEIS


30 A.D.2d 877 (1968)

The People of the State of New York, Respondent, v. Harry Weis, Appellant

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

July 22, 1968


Reversed, on the law and the facts, and new trial granted.

The case against appellant, Weis, who was tried jointly with another, was based wholly on circumstantial evidence, which was not of such a nature as to exclude every other reasonable hypothesis but that of guilt, and was not inconsistent with his innocence. The evidence against him consisted almost entirely of his implied admissions by acquiescence to statements allegedly made by his codefendant, Maselli,...

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