From Casetext: Smarter Legal Research

People v. Usera

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1994
209 A.D.2d 323 (N.Y. App. Div. 1994)

Opinion

November 22, 1994

Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).


Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crimes charged was proven beyond a reasonable doubt (People v. Bleakley, 69 N.Y.2d 490). Explanations regarding fully explored discrepancies within the complainant's identification testimony were properly before the jury for its consideration, and its determinations, not unreasonable, will not be disturbed by this Court (People v. Siu Wah Tse, 91 A.D.2d 350).

The trial court's charge to the jury on identification, which included factors to be considered in determining the reliability of identification testimony, brought to the jury's attention major contentions raised by the prosecution and the defense in connection with a lineup identification, and instructed the jury to consider all issues regarding identification explored in detail during trial by the respective parties, did not prejudice defendant in any way (see, People v. Culhane, 45 N.Y.2d 757, 758, cert denied 439 U.S. 1047).

Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.


Summaries of

People v. Usera

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1994
209 A.D.2d 323 (N.Y. App. Div. 1994)
Case details for

People v. Usera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND USERA, Also…

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

Date published: Nov 22, 1994

Citations

209 A.D.2d 323 (N.Y. App. Div. 1994)
619 N.Y.S.2d 545