People v. Betancourt
Cases that cite this one
47 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Zurzolo (Appellate Division of the Supreme Court of New York 1988)
- People v. Shepard (Appellate Division of the Supreme Court of New York 2016)
- People v. Guzman (Appellate Division of the Supreme Court of New York 2014)
- People v. Guzman (Appellate Division of the Supreme Court of New York 2014)
- People v. Moon (Appellate Division of the Supreme Court of New York 2004)
- People v. Hirsch (Appellate Division of the Supreme Court of New York 2001)
- People v. Burton (Appellate Division of the Supreme Court of New York 1995)
- People v. Clark (Appellate Division of the Supreme Court of New York 1994)
- People v. Giomundo (Appellate Division of the Supreme Court of New York 1994)
- People v. Benjamin (Appellate Division of the Supreme Court of New York 1993)
- People v. Gadsden (Appellate Division of the Supreme Court of New York 1993)
- People v. Everett (Appellate Division of the Supreme Court of New York 1992)
- People v. Nuzzo (Appellate Division of the Supreme Court of New York 1992)
- In re Antonio R. (Appellate Division of the Supreme Court of New York 1992)
- People v. Wells (Appellate Division of the Supreme Court of New York 1992)
- People v. Detwiler (Appellate Division of the Supreme Court of New York 1992)
- People v. Franklin (Appellate Division of the Supreme Court of New York 1992)
- People v. Cabrera (Appellate Division of the Supreme Court of New York 1992)
- People v. Amato (Appellate Division of the Supreme Court of New York 1991)
- People v. Ward (Appellate Division of the Supreme Court of New York 1991)
- People v. Graham (Appellate Division of the Supreme Court of New York 1990)
- People v. Porter (Appellate Division of the Supreme Court of New York 1990)
- People v. Skinner (Appellate Division of the Supreme Court of New York 1990)
- People v. Georgia (Appellate Division of the Supreme Court of New York 1990)
- People v. Harvey (Appellate Division of the Supreme Court of New York 1990)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The Appellate Division applied the correct standard for appellate review of the legal sufficiency of a wholly circumstantial evidence case. The evidence adduced at trial must be viewed in the light most favorable to the prosecution, giving it the benefit of every reasonable inference to be drawn therefrom, and the court reviewing the jury verdict must "determine whether the jury reasonably concluded” that the defen *710 dant’s guilt was proven to a moral certainty (People v Marin, 65 NY2d 741, 742; People v Giuliano, 65 NY2d 766, 768). Moreover, we agree with the Appellate Division that the circumstantial evidence was sufficient to support the jury’s verdict of guilty of burglary in the third degree and criminal mischief in the fourth degree (see, People v Bay, 67 NY2d 787; People v Levine, 65 NY2d 845).
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.