Court of Appeals of New York

Conviction and sentencing of defendant for first-degree robbery, third-degree weapon possession and second-degree menacing are vacated where although Ledwon's insufficiency of the evidence rule does not govern when a victim's consistent, identification statements are contradicted by other witnesses, an unduly suggestive pretrial identification procedure entitles defendant to a new trial.

Appellate Information

• Decided 11/17/2011
• Published 11/17/2011

Judges

• GRAFFEO

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Andrew E. Abraham, Daniel Bresnahan