Legal Opinion

People v. Marte

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 2012PublishedCited by 2 opinions

1Opinion of the Court

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury’s credibility determinations. The victim’s identification of defendant as the person who shot him was corroborated by several aspects of a surveillance camera recording, including the sound of people shouting defendant’s name immediately before shots were fired.

The court properly permitted the victim to testify, on cross-examination, that he decided to provide an accurate identification of his assailant once the police showed him pictures of…

2Cases cited2 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by2 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2013

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