MATTER OF K.


56 A.D.2d 601 (1977)

In the Matter of Michael K., Appellant

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

February 15, 1977


Order affirmed, without costs or disbursements.

Rape, like most other crimes, can be proved solely by circumstantial evidence. The applicable standard is that "the facts proved must all be consistent with guilt and inconsistent with innocence and exclude `to a moral certainty' every reasonable hypothesis but guilt" (People v Borrero, 26 N.Y.2d 430, 434-435). In this case, the only reasonable hypothesis supported by the evidence...

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