PEOPLE v. MARTE-NUESI


248 A.D.2d 555 (1998)

669 N.Y.S.2d 866

The People of the State of New York, Respondent, v. Widmer Marte-Nuesi, Appellant

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

March 16, 1998


Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

We agree with the defendant that the trial court erred by permitting a third party to testify as to the complainant's prior identification of the defendant as the perpetrator. The identification testimony from the complainant at trial was ambiguous, and there...

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