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People v. Murray

124 A.D.2d 603 Court N.Y. App. Div. Decision date 1986-11-03 English

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p. 603
The People of the State of New York, Respondent, v Tony Murray, Appellant.

We find unpersuasive the defendant’s arguments concerning the unreliability of his identification by an eyewitness and the complainant, both of whom knew him and saw him on a daily basis and concededly correctly identified his accomplice. Regarding the conflicting exculpatory testimony of the defendant’s accomplice, "resolution of credibility [was] properly for the trier of fact” (see, People v La Borde, 76 AD2d 869 , 870; People v Sutton, 108 AD2d 942 ; lv denied 65 NY2d 930 ). Mollen, P. J., Lazer, Bracken and Kooper, JJ., concur.