PEOPLE v. HERNANDEZ


152 A.D.2d 954 (1989)

The People of the State of New York, Respondent, v. Francisco Hernandez, Appellant

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

July 12, 1989


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

The court erred in denying defendant's written request to charge on circumstantial evidence. Although the court gave an instruction on circumstantial evidence, it failed to state that the circumstantial facts must be proven beyond a reasonable doubt and that the circumstantial facts proved must exclude to a mortal certainty every hypothesis but guilt (see, People v Barnes...

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