New York Court of Appeals, 1985

People v. Di Napoli

New York Court of Appeals · Decided November 14, 1985

66 N.Y.2d 812; 489 N.E.2d 249; 498 N.Y.S.2d 362; 1985 N.Y. LEXIS 18285

Cases that cite this one

6 later published cases cite this decision.

People v. Sullivan (N.Y. 1986)
People v. Hernandez (Appellate Division of the Supreme Court of New York 1989)
People v. Glass (Appellate Division of the Supreme Court of New York 1987)
People v. Sullivan (Appellate Division of the Supreme Court of New York 1986)
People v. Yip (Appellate Division of the Supreme Court of New York 1986)
People v. Tutoni (County Court of New York, Putnam County 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Order reversed, defendant’s motion to dismiss the indictment denied, and indictment reinstated. Having reviewed the *815transcript of the testimony before the Grand Jury, we agree with the dissenter at the Appellate Division that the circumstantial evidence presented was such that "if unexplained and uncontradicted would warrant conviction by a trial jury” and thus was legally sufficient (People v Pelchat, 62 NY2d 97, 105; People v Mayo, 36 NY2d 1002; CPL 70.10 [1]).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.