PEOPLE v. CASTRO


45 N.Y.2d 934 (1978)

The People of the State of New York, Respondent, v. Francisco Castro, Appellant.

Court of Appeals of the State of New York.

Decided October 31, 1978.


Attorney(s) appearing for the Case

Irving Engel for appellant.

Eugene Gold, District Attorney (Salvatore Russo and David Harrigan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

Order of the Appellate Division affirmed. Because of the structural simplicity of the case, it was tried by counsel for both sides without the usual elaboration. Nevertheless, the only real issue was one of identity, and that turns on credibility of the witnesses — the victim, the defendant, and, on the posttrial hearing, the owner of the driving school where, according to the victim, defendant had been...

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