PEOPLE v. SANTIAGO

758.

75 A.D.3d 163 (2010)

900 N.Y.S.2d 273

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN SANTIAGO, Appellant.

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

Decided May 6, 2010.


Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City (Jeffrey Dellheim of counsel), for appellant.

Robert M. Morgenthau , District Attorney, New York City ( Patrick J. Hynes of counsel), for respondent.


OPINION OF THE COURT

BUCKLEY, J.

Based on the identification testimony of the victim and two witnesses, a jury convicted defendant of assault in the first degree for repeatedly slashing a woman with a box cutter in a subway station.

In the early morning hours of January 10, 2003, the victim was standing on a well-lit subway platform with 5 to 10 other people, when she noticed defendant make eye contact with her, step behind a pillar, and reappear...

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