People State New York v. Michael Morgan

[66 N.Y.2d 255 Page 256] Opinion OF THE COURT When the circumstantial evidence in this case is viewed in a light most favorable to the prosecution, as we are required to do on this appeal (People v Kennedy, 47 N.Y.2d 196; People v Benzinger, 36 N.Y.2d 29, 32), and the prosecution is given the benefit of every reasonable inference to be drawn therefrom (People v Lewis, 64 N.Y.2d 1111, 1112, People v Way, 59 N.Y.2d 361, 365; People v Montanez, 41 N.Y.2d 53, 57), the facts from which the inference of defendant's guilt is drawn, when perceived as a whole, overwhelmingly establish his guilt beyond a reasonable doubt, are inconsistent with his innocence and exclude to a moral certainty every other reasonable hypothesis (see, People v Lewis, supra; People v Way, supra; People v Barnes, 50 N.Y.2d 375, 380; People v Montanez, supra; People v Benzinger, supra). Although the prosecutor's comments during summation went beyond the limits of propriety, in light of the overwhelming evidence of guilt, we hold that this error is harmless and that defendant was not deprived of a fair trial thereby (see, People v Crimmins, 36 N.Y.2d 230; People v Brosnan, 32 N.Y.2d 254; People v Roopchand, 65 N.Y.2d 837). Consequently, the order of the Appellate Division should be reversed and the case remitted to that court for consideration of the facts and issues not reached.