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PEOPLE v. WINTJE

115 A.D.2d 510 (1985)

The People of the State of New York, Respondent, v. Joseph Wintje, Appellant

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

December 2, 1985

Judgment affirmed.

There was more than adequate testimony which, if believed by the jury, constituted proof beyond a reasonable doubt. The court did not err in ruling that if defendant testified, the complaining witness would be permitted to testify that she recognized his voice as that of her assailant. The same considerations apply in voice identifications as in visual identifications (People v Collins,

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