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PEOPLE v. MILLER

54 A.D.2d 742 (1976)

The People of the State of New York, Appellant, v. Gilbert Miller, Respondent

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

October 18, 1976

Order affirmed.

The evidence before the Grand Jury, consisting solely of circumstantial evidence, was legally insufficient. Such evidence must logically point to the defendant's guilt and must exclude to a moral certainty every reasonable hypothesis of innocence (see People v Eckert, 2 N.Y.2d 126; People v Borrero, 26 N.Y.2d 430). Under the circumstances, the circumstantial evidence...

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