People v. Phan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant has not preserved for appellate review his contention that the People failed to prove his identity as one of the perpetrators beyond a reasonable doubt. In any event, viewing the evidence adduced at trial in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant’s identity as one of the individuals who burglarized the complainants’ home and robbed the complainants. The complainants had ample opportunity to observe the defendant during the incidents, and were able…
2Cases cited15 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. FardanNew York Court of Appeals · 1993
- People v. TaylorNew York Court of Appeals · 1992
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3Cited by12 opinions
- People v. RodgersAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RiconeAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1996
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1996
- People v. GrayAppellate Division of the Supreme Court of the State of New York · 1997
7 more not listed; retrieve them via the Exa API.