PEOPLE v. AVILES


224 A.D.2d 252 (1996)

638 N.Y.S.2d 298

The People of the State of New York, Respondent, v. Victor Aviles, Appellant

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

February 8, 1996


The verdict was not against the weight of the evidence. Any claimed inconsistencies in the victim's testimony were properly before the jury, as was the alibi testimony, and we find no reason to disturb its determination.

Defendant failed to preserve for appellate review his claim that the court should have allowed him to introduce into evidence a DD5 report under the business record exception to the hearsay rule. Defendant...

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