PEOPLE v. ALLEN


61 A.D.2d 619 (1978)

The People of the State of New York, Respondent, v. Lilah Mae Allen, Appellant

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

April 4, 1978


Attorney(s) appearing for the Case

Walter H. Curchack of counsel (Rubin Baum Levin Constant & Friedman, attorneys), for appellant.

Edward G. Spell of counsel (Alan D. Marrus with him on the brief; Mario Merola, District Attorney), for respondent.

KUPFERMAN, J. P., LUPIANO and YESAWICH, JJ., concur with SULLIVAN, J.; SANDLER, J., dissents in an opinion.


SULLIVAN, J.

The only issue of concern on this appeal from defendant's conviction of the crime of manslaughter in the first degree (Penal Law, § 125.20) is the sufficiency of the evidence, which was exclusively circumstantial. We find that the facts adduced at trial were sufficient for the jury to conclude that they excluded to a moral certainty every reasonable hypothesis of innocence and that guilt was...

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