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People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1986
125 A.D.2d 345 (N.Y. App. Div. 1986)

Opinion

December 1, 1986

Appeal from the Supreme Court, Queens County (Calabretta, J.).


Ordered that the judgments are affirmed.

With respect to the judgment rendered upon the defendant's plea of guilty, we have reviewed the record and agree with the defendant's assigned counsel that there are no meritorious issues that could be raised on appeal.

We also find to be without merit the defendant's contentions regarding the judgment rendered upon the jury verdict. The complainant unequivocally identified the defendant as one of the two men who robbed him at approximately 10:00 P.M. on December 26, 1984. The robbery took place on a well-lit street and the defendant, who held a knife to the complainant's throat, was only an arm's length away. The complainant was able to give an accurate and detailed description of the assailants, and within 20 minutes of the crime had twice identified the defendant. Although the defendant presented an alibi defense, questions of identification and credibility are for the jury to determine (see, e.g., People v. Campbell, 123 A.D.2d 437; People v Jackson, 114 A.D.2d 858). When viewed in the light most favorable to the People, the evidence is sufficient to support the verdict (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v. Campbell, supra).

The defendant's claim of improper bolstering of the complainant's testimony is unpreserved for appellate review and, in any event, is without merit. Thompson, J.P., Bracken, Rubin and Spatt, JJ., concur.


Summaries of

People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1986
125 A.D.2d 345 (N.Y. App. Div. 1986)
Case details for

People v. Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN ROSA, Appellant

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

Date published: Dec 1, 1986

Citations

125 A.D.2d 345 (N.Y. App. Div. 1986)

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