People v. Morales

Initially, we note that, contrary to defendant’s arguments, his guilt was established beyond a reasonable doubt and that there is no basis to disturb the jury’s verdict which was not against the weight of the evidence and rested on determinations of credibility. (See, People v Malizia, 62 NY2d 755.) The wheelchair-bound victim had previously known the defendant and had ample opportunity to observe him during the commission of the crime, thereby supporting her identification testimony. The court properly instructed the jury regarding the People’s burden to disprove defendant’s alibi defense…