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People v. Rosa

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1993
189 A.D.2d 694 (N.Y. App. Div. 1993)

Opinion

January 21, 1993

Appeal from the Supreme Court, Bronx County (Lawrence Bernstein, J.).


The record does not support the defendant's contention that the complainant's testimony was incredible, deliberately evasive and contradicted by the responding police officer's testimony and paperwork. The complainant was unequivocal in both the specifics of the robbery itself and in his in-court identification of the defendant as one of the perpetrators, the jurors thus having a sufficient basis to disregard whatever discrepancies that may have existed (People v. Bleakley, 69 N.Y.2d 490, 495; see, People v. Cruz, 173 A.D.2d 320, 320-321). Nor does the evidence support the defense claim, argued for the first time on appeal, that the complainant merely surrendered his jewelry, on a subway platform on his way to work, as repayment of a debt.

Concur — Murphy, P.J., Ellerin, Wallach, Asch and Kassal, JJ.


Summaries of

People v. Rosa

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1993
189 A.D.2d 694 (N.Y. App. Div. 1993)
Case details for

People v. Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID ROSA, Appellant

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

Date published: Jan 21, 1993

Citations

189 A.D.2d 694 (N.Y. App. Div. 1993)
592 N.Y.S.2d 385