PEOPLE v. SMITH


281 A.D.2d 169 (2001)

721 N.Y.S.2d 516

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH SMITH, Appellant.

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

Decided March 1, 2001.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility and the reliability of the identification testimony were properly placed before the jury and there is no reason to disturb its determinations.

Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record.

The portion of the prosecutor...

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