PEOPLE v. DIAZ


172 A.D.2d 417 (1991)

The People of the State of New York, Respondent, v. Manuel Diaz, Appellant

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

April 25, 1991


The testimony of an eyewitness who identified defendant as the killer who wore a white hat was not incredible as a matter of law. Some of his testimony was internally inconsistent and some was inconsistent with the witness who did not make an in-court identification, but our own examination of the record shows that the eyewitness had ample opportunity to observe defendant, with whom the eyewitness had a long, if passing acquaintance. The eyewitness had close up views of defendant...

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