PEOPLE v. RODRIGUEZ


281 A.D.2d 289 (2001)

722 N.Y.S.2d 134

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARBARA RODRIGUEZ, Appellant.

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

Decided March 20, 2001.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. On the contrary, the evidence, which included a video surveillance tape, was overwhelming. There is no basis upon which to disturb the jury's determinations concerning identification and credibility.

The court properly exercised its discretion in denying defendant's mistrial motion based on a witness's inadvertent reference to a photographic identification of defendant...

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