PEOPLE v. WHATLEY


121 A.D.2d 341 (1986)

The People of the State of New York, Respondent, v. Jerry Whatley, Appellant

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

June 26, 1986


Carro, J., dissents in a memorandum as follows:

Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference, I conclude that this conviction, based as it was on circumstantial evidence, must be reversed, as the evidence did not exclude to a moral certainty every other reasonable hypothesis besides defendant's guilt.

On January 17, 1983...

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