People v. Gutierrez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered February 17, 2000, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of six years, unanimously affirmed.
The verdict was based upon legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning identification. The victim was able to make a reliable identification because she saw defendant’s face from very close range for a sufficient time…
2Cases cited2 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. MaconAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by2 opinions
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2006
- People v. ByronAppellate Division of the Supreme Court of the State of New York · 2003