PEOPLE v. PENA


259 A.D.2d 350 (1999)

688 N.Y.S.2d 123

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIO PENA, Appellant.

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

Decided March 16, 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 jury's determinations concerning credibility and identification. Given these determinations, there was ample evidence, consisting of, inter alia, defendant's partially inculpatory statements and the eyewitness testimony linking him to the crime, to establish the elements of felony murder, including the underlying felony, as well as defendant...

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