PEOPLE v. LINARES


305 A.D.2d 259 (2003)

759 N.Y.S.2d 76

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLAVI LINARES, Appellant.

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

Decided May 20, 2003.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility and identification were properly considered by the trier of facts and there is no basis for disturbing its determinations (see People v Gaimari, 176 N.Y. 84, 94 [1903]). We do not find the undercover officer's account of the transaction to be implausible.

Since defendant's arguments at the Hinton hearing were completely different...

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