PEOPLE v. SMITH


28 A.D.3d 204 (2006)

812 N.Y.S.2d 512

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK SMITH, Appellant.

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

April 4, 2006.


In challenging the sufficiency and weight of the evidence convicting him of intentional murder, defendant argues that in performing our legal and factual review, this Court should employ the standards applicable to a completely circumstantial case. However, this conviction was not based entirely on circumstantial evidence, and no such instruction was requested by defendant or delivered by the court. In any event, regardless of the standard of review, we conclude that the...

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