PEOPLE v. DRAKE


247 A.D.2d 855 (1998)

668 N.Y.S.2d 809

The People of the State of New York, Respondent, v. Costello Drake, Appellant

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

February 4, 1998


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon a jury verdict of intentional murder in the second degree and criminal possession of a weapon in the second degree.

The contention of defendant that County Court erred in refusing to allow proof that he was misidentified in the commission of an unrelated robbery is without merit. The fact that defendant was misidentified as a perpetrator of a robbery that...

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