PEOPLE v. Mclean


107 A.D.2d 167 (1985)

The People of the State of New York, Appellant, v. Vincent McLean, Respondent

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

March 5, 1985


Attorney(s) appearing for the Case

Abraham L. Clott of counsel (William E. Hellerstein, attorney), for respondent.

Mark L. Freyberg of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney, attorney), for appellant.

SANDLER and BLOOM, JJ., concur with CARRO, J; KUPFERMAN, J. P., dissents in a separate opinion.


CARRO, J.

The order granting the defendant's motion to set aside the verdict of murder in the second degree, on the ground that the evidence was insufficient as a matter of law, should be affirmed. We are persuaded that the circumstantial evidence presented was insufficient to convict the defendant of acting alone or in concert with others to intentionally commit this crime.

The court below granted the defendant's motion and dismissed the case...

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