PEOPLE v. GONZALEZ


288 A.D.2d 46 (2001)

732 N.Y.S.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK GONZALEZ, Appellant.

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

Decided November 8, 2001.


The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification and credibility. The victim had an excellent opportunity to view her attacker and recognized him as a former employee, and another witness identified defendant and his distinctive vehicle, which he used during the crime.

When a defense witness testified that defendant was definitely not the robber, the court properly exercised...

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