PEOPLE v. ORTEGA


258 A.D.2d 335 (1999)

685 N.Y.S.2d 446

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FABIAN ORTEGA, Appellant.

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

Decided February 11, 1999.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the determinations of the jury concerning credibility and reliability of the identification testimony. There was ample evidence establishing a community of purpose between defendant and his codefendant, including the fact that defendant continued his assault even as his codefendant stabbed one victim with an ice pick furnished to him by defendant...

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