People v. Cruz

Chief Judge Lippman. (concurring).

At trial, each of the two assault victims gave testimony to the effect that defendant *817stabbed him outside a “little bar” in Rochester on the night of February 2, 2003. In addition, the arresting officer testified that upon arriving at the scene he observed defendant with a knife in his hand. Defendant and his father, on the other hand, testified that defendant had been misidentified—that a fight had broken out inside the bar and that defendant, his father and his uncle were attempting to extricate themselves and leave the scene when the police arrived.…