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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 77 (N.Y. App. Div. 1998)

Opinion

December 8, 1998

Appeal from the Supreme Court, New York County (Bernard Fried, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the determinations of the jury concerning credibility and reliability of identification and alibi testimony.

The prosecutor could properly comment on summation as to the failure of defendant, who called witnesses in his defense, to call certain other significant witnesses ( People v. Tankleff, 84 N.Y.2d 992, 994).

We perceive no abuse of sentencing discretion.

Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 77 (N.Y. App. Div. 1998)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL GARCIA…

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

Date published: Dec 8, 1998

Citations

256 A.D.2d 77 (N.Y. App. Div. 1998)
682 N.Y.S.2d 144

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