People v. Williams

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before CALLAHAN
• Citation: People v. Williams, 604 N.Y.S.2d 390, 198 A.D.2d 804 (N.Y. App. Div. 1993)
• Decision Date: 19 November 1993
• Parties: PEOPLE of the State of New York, Respondent, v. Jamie WILLIAMS, Appellant.

Page 390

604 N.Y.S.2d 390

198 A.D.2d 804

PEOPLE of the State of New York, Respondent, v. Jamie WILLIAMS, Appellant.

Supreme Court, Appellate Division Fourth Department.

Nov. 19, 1993.

James McGraw, by Michael F. Young, Sackets Harbor, for appellant.

James King, by Cindy Intschert, Watertown, for respondent.

Before CALLAHAN, J.P., and BALIO, LAWTON, BOOMER and BOEHM, JJ.

MEMORANDUM:

Defendant was indicted for murder in the second degree for causing the death of a 53-day-old infant. The cause of death was massive internal bleeding from injuries to the liver and mesentery as the result of blunt trauma to the abdomen from a hard blow or forceful squeezing. After a nonjury trial, defendant was convicted of manslaughter in the second degree.

The evidence against defendant was entirely circumstantial. To establish guilt upon circumstantial evidence beyond a reasonable doubt, "the hypothesis of guilt should flow naturally from the facts proved, and be consistent with them; and the facts proved must exclude '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; see also, People v. Wong, 81 N.Y.2d 600, 601 N.Y.S.2d 440, 619 N.E.2d 377).

Upon our review of the record, we conclude that there was not sufficient evidence to support the conviction. The People's admissible proof established that, on the date of the fatal injuries, defendant was alone with the infant for about 1 1/2 hours and that, when the mother returned to their apartment, it appeared to her that the infant had been crying. The proof further established that both defendant and the mother had each spent time alone with the infant, and that at other times the infant had been in the company of both parents. At most, the proof showed that it was possible for defendant to have inflicted the fatal injuries, but it did not...