PEOPLE v. CARTER


149 A.D.2d 83 (1989)

The People of the State of New York, Respondent, v. Edward Carter, Appellant

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

August 10, 1989


Attorney(s) appearing for the Case

Kerry Elgarten of counsel (Philip L. Weinstein, attorney), for appellant.

Gregory L. Waples of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., and SMITH, J., concur with ROSENBERGER, J.; KASSAL, J., concurs in a separate opinion; MILONAS, J., dissents in a separate opinion.


ROSENBERGER, J.

Edward Carter was indicted and convicted, after a jury trial, for the stabbing death of his long-time companion, Charles McCarthy, in the early morning hours of February 15, 1987. On appeal, the defendant contends that the circumstantial evidence presented by the People was insufficient to establish his guilt beyond a reasonable doubt, and that he was deprived of a fair trial by the prosecutor...

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