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PEOPLE v. BURKE

62 N.Y.2d 860 (1984)

The People of the State of New York, Appellant, v. Patrick J. Burke, Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1984.

Attorney(s) appearing for the Case

Benjamin J. Bucko, District Attorney (Norma W. Schwab of counsel), for appellant.

Richard L. Greenburg for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

In this arson prosecution, the question whether the People's case rested entirely on circumstantial evidence turned on the nature of the testimony of the People's witness Robert Bennett. Though unable at trial to recall any prior conversations with the defendant, Bennett did testify that any statements he made during the Grand Jury presentation were...

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