PEOPLE v. MacFARLANE

2008-03358.

87 A.D.3d 700 (2011)

928 N.Y.S.2d 755

2011 NY Slip Op 6355

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELDEN MacFARLANE, Appellant.

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

Decided August 23, 2011.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant contends that the prosecution failed to prove his guilt by legally sufficient evidence because he was not responsible by reason of mental disease or defect (see Penal Law § 40.15). Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that it was legally...

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