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PEOPLE v. BROWN

37 A.D.2d 623 (1971)

The People of the State of New York, Respondent, v. Henry Brown, Appellant

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

June 23, 1971

Judgment reversed, on the law and the facts and in the interests of justice, and indictment dismissed.

In our opinion, the evidence against defendant was insufficient to establish his guilt of conspiracy to commit robbery beyond a reasonable doubt (see People v. Chaplin, 8 A.D.2d 286). While the circumstantial proof no doubt raised a reasonable suspicion as to his guilt, it was not inconsistent with his innocence. Furthermore...

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