PEOPLE v. DESIRE


113 A.D.2d 952 (1985)

The People of the State of New York, Respondent, v. Ernest Desire, Appellant

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

September 30, 1985


Upon reargument, original determination adhered to.

Our review of the record establishes that the identification testimony adduced at trial was sufficient as a matter of law to sustain defendant's conviction. Moreover, the trial court properly exercised its discretion by permitting codefendant's counsel to recall an eyewitness to reopen cross-examination based upon counsel's offer of material and relevant proof (see, People v Ventura,

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