AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ORTIZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues relating to credibility and reliability of identification testimony were properly presented to the jury and we see no reason to disturb its findings.

Viewing the evidence as a whole, we find that a sufficient foundation was established for the admission of the police officer's testimony as to the witness's out-of-court identification of defendants, where the witness had identified defendants as the robbers to the police after observing the robbery, and testified at trial that, due to the passage of time, his recollection was not as clear at trial as it had been at the time of the crime (CPL 60.25 [a] [iii]; see, People v. Shaw, 232 A.D.2d 174, lv denied 89 N.Y.2d 946; compare, People v. Quevas, 81 N.Y.2d 41).

Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. ORTIZ
(Sep 29, 1998)