PEOPLE v. FAGAIRO


302 A.D.2d 304 (2003)

754 N.Y.S.2d 548

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMARIANO FAGAIRO, Appellant.

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

Decided February 25, 2003.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues concerning identification and credibility were properly considered by the jury and there is no basis for disturbing its determinations.

The court properly refused to deliver an agency charge, since there was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge (see People v Herring, 83 N.Y.2d...

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