Opinion
November 7, 1984
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Dillon, P.J., Callahan, Doerr, Denman and O'Donnell, JJ.
Judgment unanimously affirmed. Memorandum: That the victim of this rape confused defendant with another person in the lineup affects only the weight to be accorded to two other identifications she made of defendant (see People v McCullers, 40 A.D.2d 796, 797, aff'd. 33 N.Y.2d 806; see, also, People v Thomas, 66 A.D.2d 1001). It is noted that the lineup participant whom the victim identified was included in the lineup at defendant's request and bore a remarkable resemblance to defendant. In reviewing the legal sufficiency in a criminal case, the test to be applied is "whether `after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt' ( Jackson v Virginia, 443 U.S. 307, 319) [emphasis in original]" ( People v Contes, 60 N.Y.2d 620, 621). We conclude that, on the record before us, this standard has been met.
We have considered defendant's other arguments and find no merit to them.