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PEOPLE v. GIBSON

128 A.D.2d 724 (1987)

The People of the State of New York, Respondent, v. Kenrick Gibson, Appellant

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

March 16, 1987

Ordered that judgment is reversed, on the law and the facts, the indictment is dismissed, and the case is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

When a defendant's conviction is based, as here, entirely upon circumstantial evidence of his guilt, the standard of proof is that the facts upon which the inference of guilt is to be drawn must...

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