PEOPLE v. HARRISON


220 A.D.2d 237 (1995)

632 N.Y.S.2d 16

The People of the State of New York, Respondent, v. Marcus Harrison, Appellant

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

October 5, 1995


Upon the exercise of our factual review power, including consideration of the testimony of defendant's alibi witness and the inconsistencies and inaccuracies in the People's case pointed out by defendant, we find that the verdict was not against the weight of the evidence. The inconsistencies and inaccuracies in question may indicate that the complainant is a person susceptible to suggestion, but were at best tangential to the theft and the complainant's unwavering identification...

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