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PEOPLE v. GIULIANO

102 A.D.2d 559 (1984)

The People of the State of New York, Respondent, v. Joseph Giuliano, Appellant

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

July 12, 1984

Attorney(s) appearing for the Case

Irving Anolik and Morris D. Weintraub for appellant.

Harold Kenneth King, Jr., of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

CARRO, J. P., and ASCH, J., concur with FEIN, J.; KASSAL, J., concurs in an opinion; MILONAS, J., dissents in a separate opinion.

FEIN, J.

There should be an affirmance in this wholly circumstantial evidence case. If believed by the jury, as apparently it was, the evidence was sufficient to exclude to a moral certainty every conclusion other than guilt.

As stated in People v Kennedy (47 N.Y.2d 196, 202): "[T]he conclusion of guilt must be consistent with and flow naturally from the proven facts, and * * * those facts viewed as a...

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