PEOPLE v. CAMPNEY


94 N.Y.2d 307 (1999)

726 N.E.2d 468

704 N.Y.S.2d 916

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDY S. CAMPNEY, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1999.


Attorney(s) appearing for the Case

Gregory V. Canale, Glens Falls, for appellant.

Sterling T. Goodspeed, District Attorney of Warren County, Lake George (Marcy I. Flores of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur with Judge BELLACOSA; Judge SMITH dissents and votes to reverse in a separate opinion.


OPINION OF THE COURT

BELLACOSA, J.

Defendant urges that circumstantial proof is not permissible to allow an inference of assent to or adoption of a third party's statement. This Court rejects defendant's argument. Applying standard principles, we conclude that the trial court appropriately permitted the jury to consider whether defendant adopted his accomplice brother's written statement. The order of the...

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