Opinion
2015-04-22
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Raymond E. Rogers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Dona B. Morris of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Raymond E. Rogers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Dona B. Morris of counsel), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, SANDRA L. SGROI, and ROBERT J. MILLER, JJ.
Appeal from an order of disposition of the Family Court, Kings County (Terrence J. McElrath, J.), dated March 10, 2014. The order adjudicated Jamal G. a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the denial, after a hearing, of that branch of Jamal G.'s motion which was to suppress identification testimony, and an order of fact-finding of that court (Emily M. Olshansky, J.), dated December 23, 2013, which, after a hearing, found that he had committed acts which, if committed by an adult, would have constituted the crime of attempted robbery in the second degree.
ORDERED that the appeal from so much of the order of disposition as placed the appellant on probation for a period of 12 months is dismissed as academic, without costs or disbursements; and it is further,
ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The appeal from so much of the order of disposition as placed the appellant on probation for a period of 12 months has been rendered academic, as the period of placement has expired ( see Matter of Jonathan E., 119 A.D.3d 943, 989 N.Y.S.2d 876). However, since there may be collateral consequences resulting from the adjudication of delinquency, the appeal from so much of the order of disposition as adjudged the appellant to be a juvenile delinquent, and which brings up for review the suppression ruling and the order of fact-finding, has not been rendered academic ( seeFamily Ct. Act § 783; Matter of Jonathan E., 119 A.D.3d 943, 989 N.Y.S.2d 876).
The Family Court properly declined to suppress the complainant's in-court identification of the appellant. The testimony adduced at the independent source hearing established that the complainant had multiple opportunities to observe the appellant at close range during the commission of the crime, which took place during daylight hours, for a period of up to two minutes. The description of the appellant that the complainant gave the police was sufficiently specific to establish his ability to observe the appellant at the time of the crime. Under these circumstances, the presentment agency met its burden of demonstrating by clear and convincing evidence that the complainant's in-court identification of the appellant was based on the complainant's independent observation, and not a challenged showup identification ( see Matter of Myasia C., 110 A.D.3d 411, 973 N.Y.S.2d 17; Matter of Daquon W., 92 A.D.3d 422, 937 N.Y.S.2d 589; Matter of Anthony W., 284 A.D.2d 473, 726 N.Y.S.2d 450; Matter of Vernal J., 266 A.D.2d 215, 697 N.Y.S.2d 351).
Viewing the evidence in the light most favorable to the presentment agency ( see Matter of David H., 69 N.Y.2d 792, 793, 513 N.Y.S.2d 111, 505 N.E.2d 621), we find that it was legally sufficient to establish, beyond a reasonable doubt, the appellant's identity as one of the perpetrators who committed the acts complained of ( see Matter of Tyquan C., 123 A.D.3d 502, 503, 998 N.Y.S.2d 188; Matter of Anthony A., 121 A.D.3d 885, 886, 994 N.Y.S.2d 384; Matter of Shaquary B., 110 A.D.3d 1065, 974 N.Y.S.2d 254; Matter of Dajahn M., 110 A.D.3d 812, 813, 973 N.Y.S.2d 248). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see Matter of Hasan C., 59 A.D.3d 617, 617–618, 873 N.Y.S.2d 709; cf.CPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see Matter of Victor I., 57 A.D.3d 778, 780, 868 N.Y.S.2d 898; Matter of Brooklyn B., 77 A.D.3d 934, 935, 909 N.Y.S.2d 382). Upon reviewing the record here, we are satisfied that the Family Court's fact-finding determination with regard to the appellant's identity was not against the weight of the evidence ( see Matter of Tyquan C., 123 A.D.3d at 503, 998 N.Y.S.2d 188; Matter of Anthony A., 121 A.D.3d at 886, 994 N.Y.S.2d 384; Matter of Shaquary B., 110 A.D.3d at 1066, 974 N.Y.S.2d 254; Matter of Dajahn M., 110 A.D.3d at 813, 973 N.Y.S.2d 248).