From Casetext: Smarter Legal Research

People v. McDonald

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 275 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


Defendant was arrested after he emerged covered with white dust from a vacant store carrying a bundle of clothing. On investigation, it was ascertained that the clothing, worth $3,200, had been taken from the clothing store next door to the vacant store, and that there was a hole in the common wall. The floor of the clothing store was covered with a dust similar to that found on defendant, ostensibly gypsum dust. Under these circumstances, we think the evidence presented, albeit circumstantial, was sufficient to establish defendant's guilt beyond a reasonable doubt.

Concur — Sullivan, J.P., Wallach, Asch and Smith, JJ.


Summaries of

People v. McDonald

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 275 (N.Y. App. Div. 1991)
Case details for

People v. McDonald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN McDONALD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 11, 1991

Citations

172 A.D.2d 275 (N.Y. App. Div. 1991)
568 N.Y.S.2d 98