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PEOPLE v. HENNESSY

236 A.D.2d 849 (1997)

654 N.Y.S.2d 77

The People of the State of New York, Appellant, v. John Hennessy, Respondent

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

February 7, 1997

Order unanimously affirmed.

Memorandum:

The People appeal from an order of County Court granting defendant's motion to dismiss an indictment charging scheme to defraud in the first degree, petit larceny and falsifying business records in the first degree on the ground that the evidence before the Grand Jury was legally insufficient.

We agree with the People that the court erred in evaluating the proof using the "moral certainty" standard that is applicable...

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