PEOPLE v. PENDERGRASS


272 A.D.2d 195 (2000)

708 N.Y.S.2d 19

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PENDERGRASS, Appellant.

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

Decided May 18, 2000.


The verdict was supported by 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 and identification.

The court properly found that the People established by clear and convincing evidence that there was an independent source for a witness's identification of defendant at trial. Although the witness observed defendant in the courtroom only a few hours before...

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