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PEOPLE v. DAVIS

244 A.D.2d 418 (1997)

664 N.Y.S.2d 317

The People of the State of New York, Respondent, v. Curtis Davis, Appellant

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

November 10, 1997

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the jury instructions adequately informed the jury of the appropriate standards to be applied with respect to the charges which were based wholly upon circumstantial evidence. The words "moral certainty" are not required to be used so long as the jury is instructed in substance that "the inference of guilt is the only one that can fairly and reasonably...

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