PEOPLE v. CHAVEZ


280 A.D.2d 350 (2001)

721 N.Y.S.2d 25

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR CHAVEZ, Appellant.

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

Decided February 13, 2001.


The verdict was based on 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.

During readbacks of testimony, the court properly exercised its discretion in employing a procedure whereby the jury was provided with the option to determine when it had heard the desired testimony and to signal, through the foreperson, that the readback could...

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