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People v. Burrell

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 675 (N.Y. App. Div. 1987)

Opinion

February 9, 1987

Appeal from the Supreme Court, Kings County (Owens, J.).


Ordered that the judgment is affirmed.

The evidence adduced at trial was sufficient to permit a rational trier of fact to find the defendant guilty beyond a reasonable doubt (see, People v. Contes, 60 N.Y.2d 620, 621; People v. Augustave, 123 A.D.2d 323). The mere fact that only one of the five complaining witnesses was able to provide a positive identification of the defendant as their assailant does not provide a basis to disturb the verdict. Moreover, the jury was entitled to resolve any discrepancies in the witnesses' testimony in favor of the People, and to reject the evidence presented by the defendant as to his alibi defense (see, People v. Contes, supra; People v. Augustave, supra).

We also find no merit to the defendant's other contention. Mollen, P.J., Thompson, Brown and Niehoff, JJ., concur.


Summaries of

People v. Burrell

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 675 (N.Y. App. Div. 1987)
Case details for

People v. Burrell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY BURRELL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 9, 1987

Citations

127 A.D.2d 675 (N.Y. App. Div. 1987)

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