PEOPLE v. SMALLS


287 A.D.2d 277 (2001)

731 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC SMALLS, Appellant.

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

Decided October 9, 2001.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Moreover, we conclude that the evidence was overwhelming. In addition to reliable identification testimony and evidence of unique modus operandi, DNA testing established that a victim's blood was found on defendant's sneakers.

Defendant's cross-examination of a detective suggesting that defendant had an innocent reason for fleeing when approached by the police, as...

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