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.