PEOPLE v. CRUZ


63 N.Y.2d 848 (1984)

The People of the State of New York, Respondent, v. Felipe Cruz, Appellant.

Court of Appeals of the State of New York.

Decided October 11, 1984.


Attorney(s) appearing for the Case

Robert S. Dean for appellant.

Elizabeth Holtzman, District Attorney (Anthea H. Bruffee of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant and his brother, Isidoro, were represented by the same attorney at their trial for the shooting of an off-duty correction officer. The defense presented by their counsel was that the complainant had been mistaken in his identification and that it was actually another brother, Arsemio, who fired the shots.

Where multiple defendants...

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