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PEOPLE v. CALABRIA

3 N.Y.3d 80 (2004)

816 N.E.2d 1257

783 N.Y.S.2d 321

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL CALABRIA, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 2004.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York City, for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Camille O'Hara Gillespie and Leonard Joblove of counsel), for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO and READ concur with Judge CIPARICK; Judge ROSENBLATT concurs in a separate concurring opinion; Judge G.B. SMITH dissents and votes to reverse in another opinion in which Judge R.S. SMITH concurs.

OPINION OF THE COURT

CIPARICK, J.

After a jury trial, defendant was convicted of one count of robbery in the first degree and one count of burglary in the second degree. The key issue at trial was the identification of defendant as the perpetrator. There was one eyewitness, the victim, who positively identified defendant both at a lineup and in court. Defendant challenges the sufficiency of the evidence to support his conviction based upon the eyewitness...

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