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People v. Noland

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1967
27 A.D.2d 663 (N.Y. App. Div. 1967)

Opinion

January 16, 1967


Judgment of the County Court, Nassau County, rendered May 7, 1965, reversed, on the facts, and new trial ordered. While the general rule is that, when a victim or "a witness positively identifies a defendant as the man who committed a crime, the weight of the evidence of identification is for the jury unless it is incredible as a matter of law" ( People v. Seppi, 221 N.Y. 62, 68), it is our opinion that the evidence of identification was insufficient to support a finding that the evidence proved defendant to be guilty beyond a reasonable doubt. Christ, Acting P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

People v. Noland

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1967
27 A.D.2d 663 (N.Y. App. Div. 1967)
Case details for

People v. Noland

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES NOLAND…

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

Date published: Jan 16, 1967

Citations

27 A.D.2d 663 (N.Y. App. Div. 1967)

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