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PEOPLE v. MERCADO

258 A.D.2d 289 (1999)

685 N.Y.S.2d 58

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAXIMO MERCADO, Also Known as MAXIMO MERCANO, Appellant.

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

Decided February 4, 1999.

The verdict was not against the weight of the evidence. Issues relating to reliability of identification testimony were properly presented to the jury and we see no reason to disturb its findings.

Evidence that defendant's brother owned a car similar to the getaway car was properly admitted (see, People v Mirenda, 23 N.Y.2d 439, 453-454), and no circumstantial evidence instruction was necessary since the People's case did...

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