People v. Goldberg

151 Misc. 386, 273 N.Y.S. 66, 1934 N.Y. Misc. LEXIS 1441
CourtNew York County Courts
DecidedApril 27, 1934
StatusPublished

This text of 151 Misc. 386 (People v. Goldberg) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Goldberg, 151 Misc. 386, 273 N.Y.S. 66, 1934 N.Y. Misc. LEXIS 1441 (N.Y. Super. Ct. 1934).

Opinion

Cooney, J.

Judgment of conviction of the Court of Special Sessions, City of Mount Vernon, reversed and information dismissed. It was not established beyond a reasonable doubt that defendant entered the building with the intent of committing larceny. The evidence of facts and circumstances in order 'to justify a conviction must all be consistent with and point not only to the guilt of defendant, but they must be inconsistent with his innocence. (People v. Fitzgerald, 156 N. Y. 253.) Defendant’s presence in the premises was as inconsistent with his innocence as with his guilt.

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Related

People v. . Fitzgerald
50 N.E. 846 (New York Court of Appeals, 1898)

Cite This Page — Counsel Stack

Bluebook (online)
151 Misc. 386, 273 N.Y.S. 66, 1934 N.Y. Misc. LEXIS 1441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goldberg-nycountyct-1934.