PEOPLE v. RODRIGUEZ


262 A.D.2d 58 (1999)

692 N.Y.S.2d 25

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RODRIGUEZ, Appellant.

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

Decided June 8, 1999.


The verdict was not against the weight of the evidence. We see no reason to disturb the jury's credibility determinations.

Although, as the People concede, the court-ordered lineup was unlawfully conducted in the absence of defendant's counsel, the error was harmless since identification was not an issue in the case and there was no reasonable possibility that the tainted evidence contributed to defendant's conviction (see, People v McMoore,

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