The following excerpt is from Mallette v. Scully, 752 F.2d 26 (2nd Cir. 1984):
The majority cites cases ruling subsequent conduct admissible on the element of intent. The issue, however, is whether the admissible evidence suffices to permit a verdict according to the requisite burden of proof. A more pertinent precedent from the New York courts is People v. La Belle, 18 N.Y.2d 405, 276 N.Y.S.2d 105, 222 N.E.2d 727 (1966), in which the evidence was held insufficient to support a conviction for premeditated murder, even though the evidence showed that the defendant, who had been present at the scene of the crime, had helped the perpetrator dispose of the body and had attempted to remove evidence of the crime.
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