PEOPLE v. LEMMA


273 A.D.2d 180 (2000)

711 N.Y.S.2d 3

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE LEMMA, Appellant.

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

Decided June 29, 2000.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. Although defendant argues on appeal that the People's evidence did not establish that he was the person who stabbed the victim, defendant admitted that fact in his own testimony wherein he asserted a justification defense, and "it is settled that a defendant who does not rest after the...

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