The following excerpt is from People v. Regina, 19 N.Y.2d 65, 224 N.E.2d 108, 277 N.Y.S.2d 683 (N.Y. 1966):
With the proof as it is here, and especially in the light of the People's theory of a premeditated killing, this court's statement in People v. Harris, 136 N.Y. 423, 429, 33 N.E. 65, 67, seems particularly appropriate: 'The necessity of a resort to circumstantial evidence in criminal cases is apparent in the nature of things, for a criminal act is sought to be performed in secrecy, and an intending wrongdoer usually chooses his time, and an occasion when most favorable to concealment, and sedulously schemes to render detection impossible. All that we should require of circumstantial evidence is that there shall be positive proof of the facts from which the inference of guilt is to be drawn, and that that inference is the only one which can reasonably be drawn from those facts.'
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