PEOPLE v. BURKE


126 A.D.2d 938 (1987)

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

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

January 23, 1987


Judgment unanimously reversed, on the law, and indictment dismissed.

Memorandum:

The circumstantial evidence against defendant, including the evidence that she had admitted being present in the car outside the residence while it was burglarized by her alleged accomplices, did not establish beyond a reasonable doubt defendant's participation in the crimes. The proof failed to show that defendant acted with the necessary...

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