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Court of Appeals – Larceny: People v. Hardy
By: Daily Record Staff//December 2, 2015
New York State Court of Appeals
Larceny
Direct Evidence of Guilt – Surveillance Video
People v. Hardy
No. 159
Judge Fahey
Background: The issue on appeal is whether a surveillance video showing the defendant rifling through and then walking off with the victim’s purse constitutes direct evidence of his guilt of larceny, despite the fact that the defendant offered an alternative explanation for his behavior.
Ruling: The Court of Appeals held that the surveillance video did constitute such evidence of the defendant’s guilt and no circumstantial evidence charge was required. Further, a particular piece of evidence is not required to be dispositive of a defendant’s guilt in order to constitute direct evidence.
Eunice C. Lee for the appellant; Jared Wolkowitz for the respondent
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