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PEOPLE v. ROSS

208 A.D.2d 962 (1994)

617 N.Y.S.2d 885

The People of the State of New York, Appellant, v. Michael Ross, Respondent

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

October 31, 1994

Ordered that the order is affirmed.

The evidence presented against the defendant at trial was entirely circumstantial. The well-settled standard of proof in such cases is that the facts from which the inference of guilt is drawn must be inconsistent with the defendant's innocence and must exclude to a moral certainty every other reasonable hypothesis (People v Way, 59 N.Y.2d 361, 365; People v Kennedy,

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