PEOPLE v. DE MARIA


43 A.D.2d 1001 (1974)

The People of the State of New York, Respondent, v. John R. De Maria, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 21, 1974


The only substantial issue upon the trial was the identity of the defendant as being the person who inflicted a stab wound upon the victim, Moses Hopkins, Jr. Proof beyond a reasonable doubt of such identity was offered through the testimony of Hopkins to the effect that he observed himself being stabbed by a knife, said knife being at that time in the hand of the defendant. The fact that issues of credibility are created as to the testimony of a witness does not mean that...

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