People v. Fermín

Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered November 22, 1994, convicting defendant, after a trial by jury, of robbery in the second degree and sentencing him to a term of 2½ to 7½ years in prison, unanimously reversed, on the law, the facts and as a matter of discretion in the interest of justice, and the matter remanded for a new trial.

We reject defendant’s claim that the evidence was legally insufficient to establish his guilt, or that the verdict was against the weight of the evidence (CPL 470.15 [5]). A single witness’s identification can be sufficient to…