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People v. Di Napoli

489 N.E.2d 249, 66 N.Y.2d 812, 498 N.Y.S.2d 362, 1985 N.Y. LEXIS 18285
CourtNew York Court of Appeals
DecidedNovember 14, 1985
StatusPublished
Cited by7 cases

This text of 489 N.E.2d 249 (People v. Di Napoli) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Di Napoli, 489 N.E.2d 249, 66 N.Y.2d 812, 498 N.Y.S.2d 362, 1985 N.Y. LEXIS 18285 (N.Y. 1985).

Opinion

OPINION OF THE COURT

Order reversed, defendant’s motion to dismiss the indictment denied, and indictment reinstated. Having reviewed the [815]*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.

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Cite This Page — Counsel Stack

Bluebook (online)
489 N.E.2d 249, 66 N.Y.2d 812, 498 N.Y.S.2d 362, 1985 N.Y. LEXIS 18285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-di-napoli-ny-1985.