What is the burden of a defendant challenging the sufficiency of trial evidence?
The following excerpt is from U.S. v. Gagliardi, 506 F.3d 140 (2nd Cir. 2007):
"A defendant challenging the sufficiency of trial evidence `bears a heavy burden,' and the reviewing court must `view the evidence presented in the light most favorable to the government'" and draw all reasonable inferences in the government's favor. United States v. Giovanelli, 464 F.3d 346, 349 (2d Cir.2006) (per curiam) (citation omitted), cert. denied, ___ U.S. ___, 128 S.Ct. 206, ___ L.Ed.2d ___ (2007). The jury's verdict will be affirmed unless "'no rational trier of fact could have found all of the elements of the crime
[506 F.3d 150]
beyond a reasonable doubt.'" Id. (quoting United States v. Schwarz, 283 F.3d 76, 105 (2d Cir.2002)).
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