PEOPLE v. ROSITAS

Ind. No. 1408/13. Appeal No. 12152. Case No. 2018-1409.

187 A.D.3d 608 (2020)

131 N.Y.S.3d 128

2020 NY Slip Op 06023

The People of the State of New York, Respondent, v. Carlos Rositas, Appellant.

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

Decided October 22, 2020.


The verdict was not against the weight of the evidence (see generally People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations concerning credibility and identification, including its evaluation of the effect of alcohol consumption on the victim's perception and recollection. Furthermore, the victim's testimony was extensively corroborated by other evidence, and the...

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