JUSTICE PERALTA:

     EQUIPOISE RULE:  Where the evidence on an issue of fact is in equipoise, or there is doubt on which side the evidence preponderates, the party having the burden of proof loses. The equipoise rule finds application if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, for then the evidence does not suffice to produce a conviction.

     The equipoise rule has been generally applied when the parties have already concluded the presentation of their respective evidence (PEOPLE VS. HON. GABO [2010], PERALTA, J).

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