District Court, S.D. New York February 27, 2004, 03 CR. 717(MGC) (United States v. Stewart)

OPINION

CEDARBAUM, District Judge.

Defendant Martha Stewart has moved for a judgment of acquittal pursuant to Fed.R.Crim.P. 29. The motion is granted with respect to Count Nine only.

This is one of those rare cases in which the standard of proof makes a difference in the assessment of the sufficiency of the evidence.