People v. Santoli

Appellate Division of the Supreme Court of New York

People v. Santoli

81 A.D.2d 842, 438 N.Y.S.2d 847, 1981 N.Y. App. Div. LEXIS 11515

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 1981

StatusPublished

Cited by1 cases

This text of 81 A.D.2d 842 (People v. Santoli) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Santoli, 81 A.D.2d 842, 438 N.Y.S.2d 847, 1981 N.Y. App. Div. LEXIS 11515 (N.Y. Ct. App. 1981).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered September 27, 1979, convicting him of criminal possession of stolen property in the second degree and conspiracy in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the facts, indictment dismissed, and case remitted to the Supreme Court, Queens County, for entry of an order in its discretion pursuant to CPL 160.50. The quantum of the evidence adduced against defendant was insufficient to prove his guilt of the crimes charged beyond a reasonable doubt. We note in this regard that a critical piece of testimonial evidence consisted of the undercover officer’s conelusory interpretation of a common word, viz., “traceable”, used by the defendant in conversation with the officers; such interpretation, which permitted an inference of criminality, was unsupported by the record. Mollen, P.J., Cohalan, Margett and O’Connor, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered September 27, 1979, convicting him of criminal possession of stolen property in the second degree and conspiracy in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the facts, indictment dismissed, and case remitted to the Supreme Court, Queens County, for entry of an order in its discretion pursuant to CPL 160.50. The quantum of the evidence adduced against defendant was insufficient to prove his guilt of the crimes charged beyond a reasonable doubt. We note in this regard that a critical piece of testimonial evidence consisted of the undercover officer’s conelusory interpretation of a common word, viz., “traceable”, used by the defendant in conversation with the officers; such interpretation, which permitted an inference of criminality, was unsupported by the record. Mollen, P.J., Cohalan, Margett and O’Connor, JJ., concur.

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Bluebook (online)

81 A.D.2d 842, 438 N.Y.S.2d 847, 1981 N.Y. App. Div. LEXIS 11515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-santoli-nyappdiv-1981.

Opinion

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