What is the test for a defendant to challenge the sufficiency of evidence de novo in a criminal case?

MultiRegion, United States of America

The following excerpt is from United States v. Dupree, 870 F.3d 62 (2nd Cir. 2017):

"We review challenges to the sufficiency of evidence de novo , and will uphold a conviction if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. " Rosemond , 841 F.3d at 113 (quoting United States v. Vernace , 811 F.3d 609, 615 (2d Cir. 2016) ). In assessing the sufficiency of the evidence, we "view the evidence in the light most favorable to the government, crediting every inference that could have been drawn in the government's favor, and deferring to the jury's assessment of witness credibility and its assessment of the weight of the evidence." Id. (quoting United States v. Coplan , 703 F.3d 46, 62 (2d Cir. 2012) ). A defendant asserting a sufficiency challenge "bears a heavy burden, as the standard of review is exceedingly deferential." United States v. Brock , 789 F.3d 60, 63 (2d Cir. 2015) (quoting Coplan , 703 F.3d at 62 ).

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