People v. Paul
| Decision Date | 15 October 1985 |
| Parties | The PEOPLE, etc., Respondent, v. Aloysius PAUL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Peter Antioco, Brooklyn (Irving J. Bishop, of counsel), for appellant. Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Sarah G. Noll and Jeffrey E. Feinstein, of counsel), for respondent.
Appeal by defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered July 27, 1984, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence. Judgment affirmed, and case remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50(5). We have reviewed the record and are satisfied that the proof of defendant's guilt, while based entirely on circumstantial evidence, flowed naturally from and was consistent with the facts proved, and excluded " 'to a moral certainty' every reasonable hypothesis of innocence" (People v. Benzinger, 36 N.Y.2d 29, 32, 364 N.Y.S.2d 855, 324 N.E.2d 334, quoting from People v. Borrero, 26 N.Y.2d 430, 435, 311 N.Y.S.2d 475, 259 N.E.2d 902; see also, People v. Sims, App.Div., 494 N.Y.S.2d 114 [2d Dept. 1985] ). Defendant's other contentions have been considered and have been found to be either without merit or unpreserved for appellate review as a matter of law and we see no basis to review them as a matter of discretion in the interest of justice.
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