People v. Aviles
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*548The defendant failed to preserve for appellate review his challenge to the legal sufficiency of the identification evidence (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 493 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s identity as the shooter.
Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord…
2Cases cited13 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. MateoNew York Court of Appeals · 2004
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- People v. CasarrubiaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ConstantAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CasarrubiaAppellate Division of the Supreme Court of the State of New York · 2014
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