What is the burden of appealing against the sufficiency of the evidence leading to the conviction of a defendant?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kinney and Kelly, 211 F.3d 13 (2nd Cir. 1999):
As we recently reiterated in United States v. Salameh, 152 F.3d 88, 151 (2d Cir. 1998), a defendant challenging the sufficiency of the evidence leading to his conviction "bears a heavy burden." Id. (quoting United States v. Masotto, 73 F.3d 1233, 1241 (2d Cir. 1996)). We must sustain the conviction if "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond
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