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People v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1985
107 A.D.2d 751 (N.Y. App. Div. 1985)

Opinion

January 22, 1985

Appeal from the Supreme Court, Kings County (Starkey, J.).


Judgment affirmed.

Although evidence of a photo array and a lineup was suppressed, it was not error to permit the victim's in-court identification of defendant because the victim had ample opportunity to view defendant during the perpetration of the crime, which provided an independent basis therefore (see People v. Ballott, 20 N.Y.2d 600; People v. Griffin, 106 A.D.2d 402; People v. Burnett, 81 A.D.2d 868). We further note that the evidence adduced at trial was sufficient to prove that the victim suffered "substantial pain" within the meaning of subdivision 9 of section 10.00 and subdivision 2 of section 160.10 Penal of the Penal Law. Therefore, defendant's motion for dismissal of the robbery in the second degree charge was properly denied (see People v. Rojas, 61 N.Y.2d 726, 727; People v. Coward, 100 A.D.2d 628). Finally, there is no basis for finding that the trial court abused its discretion with respect to the sentence imposed or that we should exercise our discretion by reducing the sentence ( People v. Suitte, 90 A.D.2d 80, 86-87). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.


Summaries of

People v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1985
107 A.D.2d 751 (N.Y. App. Div. 1985)
Case details for

People v. Anderson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY ANDERSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 22, 1985

Citations

107 A.D.2d 751 (N.Y. App. Div. 1985)

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