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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEOFILIO FERNANDEZ, Appellant.

On February 1, 1984 defendant shot and killed two patrons of a bar in Manhattan, in front of two eyewitnesses — the owner of the bar, who had known defendant for one year, and a waitress who had waited on the defendant for several hours earlier that evening. The only issue in the case was the identity of the shooter. Viewing the evidence in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620), we conclude that the evidence was sufficient to sustain defendant's convictions beyond a reasonable doubt.

Concur — Kupferman, J.P., Asch, Smith and Rubin, JJ.

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PEOPLE v. FERNANDEZ
(Oct 23, 1990)