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Wilkes v. YMCA of Greater New YorkWilkes v. YMCA of Greater New York

Appellate Division of the Supreme Court of the State of New York
Dec 15, 2009
Versions:68 A.D.3d 542
889 N.Y.2d 458

The court‘s fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court‘s determinations concerning credibility and identification. The victim‘s testimony established that he had a sufficient opportunity to observe appellant at the time of the robbery, and that he was able to recognize him when he encountered him several weeks later.

Concur—Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.

Case Details

Case Name: Wilkes v. YMCA of Greater New York
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 15, 2009
Citations: 68 A.D.3d 542; 889 N.Y.2d 458
Court Abbreviation: N.Y. App. Div.
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