PEOPLE v. WAY


59 N.Y.2d 361 (1983)

The People of the State of New York, Respondent, v. Herman Way, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1983.


Attorney(s) appearing for the Case

Salvatore G. Farruggio and Harvey L. Woll for appellant.

Robert M. Morgenthau, District Attorney (Emily Berger and Amyjane Rettew of counsel), for respondent.

Chief Judge COOKE and Judges JONES, MEYER and SIMONS concur with Judge WACHTLER; Judge JASEN dissents and votes to affirm for the reasons stated in the memorandum of the Appellate Division ().


WACHTLER, J.

Defendant was convicted, following a jury trial, of burglary in the first degree and robbery in the second degree. He argues on this appeal that the evidence of his guilt, being entirely circumstantial, did not establish his participation in these crimes beyond a reasonable doubt. We agree that the circumstantial evidence offered against defendant was insufficient, inasmuch as the facts adduced are...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases