The People of the State of New York v. Sergio Gonzalez

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the grand‑jury testimony was inadmissible hearsay, that the defendant's alleged due‑process claim was not preserved, and that the jury charge on circumstantial evidence, though lacking the phrase “moral certainty,” adequately informed the jury of the burden of proof. Justice Fuchsberg, dissenting, argued that the omission of a moral‑certainty formulation is not harmless and should be prohibited.