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PEOPLE v. DELAMOTA

No. 188.

18 N.Y.3d 107 (2011)

2011 NY Slip Op 8225

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEBASTIAN DELAMOTA, Appellant.

Court of Appeals of New York.

Decided November 17, 2011.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (Andrew E. Abraham and Lynn W.L. Fahey of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Daniel Bresnahan and John M. Castellano of counsel), for respondent.

Judges CIPARICK, READ and PIGOTT concur with Judge GRAFFEO; Chief Judge LIPPMAN dissents and votes to reverse and dismiss the indictment in a separate opinion in which Judges SMITH and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

Over a century ago, People v Ledwon (153 N.Y. 10 [1897]) established that a criminal conviction is not supported by legally sufficient evidence if the only evidence of guilt is supplied by a witness who offers inherently contradictory testimony about the defendant's culpability. The victim in this case consistently told the jury that defendant was the person who robbed him but his testimony conflicted with the testimony...

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