The following excerpt is from People v. Spry, 28 N.Y.S.3d 650 (Table) (N.Y. Crim. Ct. 2016):
When facts and circumstances point equally toward guilt and innocence, the reasonable cause standard is not met (People v. Carrasquillo, 54 N.Y.2d 248, 254 [1981] ["conduct equally compatible with guilt or innocence will not suffice"]; People v. David, 44 Misc.3d 1212[A] [Crim Ct, New York County 2014] ["when the evidence is in equipoise ... there can be no finding of reasonable cause or probable cause"] ). As the facts and circumstances in the present case favor, equally, guilty intent and innocent intent, reasonable cause to believe guilty intent is not established. For these reasons, the court finds that the second element of the offensepossession with the intent to use unlawfully against anotheris not sufficiently plead.
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