People v. Noland

Appellate Division of the Supreme Court of New York

People v. Noland

27 A.D.2d 663, 276 N.Y.S.2d 438, 1967 N.Y. App. Div. LEXIS 5027

Appellate Division of the Supreme Court of the State of New York·Decided January 16, 1967·Published·Cited by 5 cases

Opinion

Judgment of the County Court, Nassau County, rendered Hay 7, 1965, reversed, on the facts, and new trial ordered. While the general rule is that, when a victim or “ a witness positively identifies a defendant as the man who committed a crime, the weight of the evidence of identification is for the jury unless it is incredible as a matter of law ” (People v. Seppi, 221 N. Y. 62, 68), it is our opinion that the evidence of identification was insufficient to support a finding that the evidence proved defendant to be guilty beyond a reasonable doubt. Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Judgment of the County Court, Nassau County, rendered Hay 7, 1965, reversed, on the facts, and new trial ordered. While the general rule is that, when a victim or “ a witness positively identifies a defendant as the man who committed a crime, the weight of the evidence of identification is for the jury unless it is incredible as a matter of law ” (People v. Seppi, 221 N. Y. 62, 68), it is our opinion that the evidence of identification was insufficient to support a finding that the evidence proved defendant to be guilty beyond a reasonable doubt. Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

People v. Noland, 27 A.D.2d 663, 276 N.Y.S.2d 438, 1967 N.Y. App. Div. LEXIS 5027 (N.Y. Ct. App. 1967).

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Opinion

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