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PEOPLE v. VELAZQUEZ
Appellate Division of the Supreme Court of New York, First Department.
Dec 16, 2004
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The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning identification and credibility ( see People v. Bleakley, 69 NY2d 490). Four eyewitnesses made highly reliable identifications, and the jury properly rejected defendant's alibi defense.
The court properly admitted the People's alibi rebuttal evidence, which was not collateral, but was closely connected to the alibi testimony and directly contradicted the facts upon which the alibi was predicated ( see People v. Patterson, 194 AD2d 570, lv denied 82 NY2d 757).
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