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People v. Scardino

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 914 (N.Y. App. Div. 1988)

Opinion

December 23, 1988

Appeal from the Monroe County Court, Celli, J.

Present — Callahan, J.P., Doerr, Boomer, Green and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's convictions for grand larceny in the second degree were supported by legally sufficient evidence (CPL 70.10). Viewing the evidence, as we must, in the light most favorable to the People, we find that it provided a rational trier of fact with a valid line of reasoning to sustain the convictions (People v Bleakley, 69 N.Y.2d 490, 495). Further, the trial court properly refrained from charging the moral certainty standard because defendant's convictions were based on both direct and circumstantial evidence (People v Barnes, 50 N.Y.2d 375, 379-380).


Summaries of

People v. Scardino

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 914 (N.Y. App. Div. 1988)
Case details for

People v. Scardino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP SCARDINO…

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

Date published: Dec 23, 1988

Citations

145 A.D.2d 914 (N.Y. App. Div. 1988)