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PEOPLE v. ESPINOSA

2016-03674. Ind. No. 2367/14.

207 A.D.3d 655 (2022)

170 N.Y.S.3d 487

2022 NY Slip Op 04643

The People of the State of New York, Respondent, v. Jorge Espinosa, Appellant.

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

Decided July 20, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Meredith S. Holt and Samuel Barr of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , William H. Branigan , and Benjamin N. Costanza of counsel), for respondent.

LaSalle, P.J., Connolly, Genovesi and Ford, JJ., concur.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contention, although the complainants were unable to positively identify him, the circumstantial evidence, including the DNA evidence linking the...

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