Long Island, New York Criminal Defense Blog

Friday, January 9, 2015

What Are The Standards of Proof In A New York Criminal Case?

In New York State, the Standards of Proof in a criminal case are governed by Article 70 of the Criminal Procedure Law.

§ 70.10 Standards of proof; definitions of terms.

     1.    "Legally sufficient evidence" means competent evidence which, if accepted as true, would

establish every element of  an  offense  charged and the defendant's commission thereof; except that

such evidence is not legally sufficient when corroboration required by law is absent.

    2.    "Reasonable cause to believe that a person has committed an offense”

exists when evidence  or  information  which  appears  reliable  discloses  facts  or circumstances which

are collectively of such weight and persuasiveness as to convince a  person  of  ordinary  intelligence,

judgment and  experience that it is reasonably likely that such offense was committed and that such

person committed it.   Except as otherwise provided in this chapter, such apparently reliable evidence

may include or consist of hearsay.

§ 70.20 Standards of proof for conviction.

    No conviction of an offense by verdict is valid unless based upon trial evidence which is legally

sufficient and which establishes  beyond a  reasonable  doubt  every  element of such offense and the

defendant's commission thereof.

   The charging documents (Misdemeanor Information, Misdemeanor Complaint, Felony Complaint, Prosecutor’s Information, etc.) that are filed with court outling the criminal charges against you must be read very carefully by an experienced attorney.  Many times, there are defects in the pleadings that can lead to the dismissal of your case.

   If you have been arrested for any criminal offense, do not hesitate to contact the law Firm of Michael A. Arbeit, P.C for a free and confidential consultation.  We are always available and ready to speak with you.    

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