PEOPLE v. LEVINE


65 N.Y.2d 845 (1985)

The People of the State of New York, Respondent, v. David Levine, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1985.


Attorney(s) appearing for the Case

Norman A. Olch for appellant.

Robert M. Morgenthau, District Attorney (John Latella and Robert M. Pitler of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, TITONE and BOOMER concur; Judge ALEXANDER taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The circumstantial evidence was sufficient to support the jury's verdict of guilty of murder in the second degree. The record shows that defendant lived in an apartment adjoining the victim's and he could have had access to her apartment either through the door or across a ledge and through a partially opened window. He used a credit card belonging...

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