From Casetext: Smarter Legal Research

People v. Rafiqzada

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1988
143 A.D.2d 688 (N.Y. App. Div. 1988)

Opinion

October 3, 1988

Appeal from the Supreme Court, Queens County (Giaccio, J.).


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), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The complainant's testimony was sufficiently corroborated by the testimony of her mother and half brother. Their testimony was in harmony with the testimony of the complainant and furnished the necessary connection between the defendant and the crime (see, People v Ahlers, 98 A.D.2d 821). Additionally, the defendant's own statement, admitting to the acts complained of, provided further corroboration of the complainant's testimony (see, People v Holdridge, 103 A.D.2d 894).

Finally, in light of the unavailability of the uncalled witness, we conclude that the defendant was not entitled to a missing witness charge (see, People v Gonzalez, 68 N.Y.2d 424; People v Walker, 105 A.D.2d 720). Bracken, J.P., Lawrence, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. Rafiqzada

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1988
143 A.D.2d 688 (N.Y. App. Div. 1988)
Case details for

People v. Rafiqzada

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MOHAMMAD RAFIQZADA…

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

Date published: Oct 3, 1988

Citations

143 A.D.2d 688 (N.Y. App. Div. 1988)

Citing Cases

People v. Petrie

According to the grandmother's testimony and defendant's statement to police (see People v. Zuke, supra at…