¶1concurs in a separate memorandum. Kane, J. P. (concurring). I am compelled to comment on the desirability of the use of the “moral certainty” phrase in defining the quantum of proof required in a circumstantial evidence case in view of concerns expressed by this court and the Court of Appeals (see People v Gonzalez, 54 NY2d 729, 730-735; People v Bell, 94 AD2d 894; People v Shanklin, 59 AD2d 588, 590)
95 A.D.2d 898
People v. McAfee
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1983
Appellate Division of the Supreme Court of the State of New York · decided 1983-06-09
Decided 1983-06-09