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People v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 2006
31 A.D.3d 780 (N.Y. App. Div. 2006)

Opinion

2002-00659, 2002-01425.

July 25, 2006.

Appeals by the defendant from two judgments of the County Court, Westchester County (Adler, J.), both rendered December 17, 2001, convicting him of criminal sale of a controlled substance in the third degree (four counts) and criminal possession of a controlled substance in the third degree (four counts), upon a jury verdict, under indictment No. 01-00059, and attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, under superior court information No. 01-01557, and imposing sentences. The appeal from the judgment rendered under indictment No. 01-00059 brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification evidence.

Before: Florio, J.P., Krausman, Mastro and Dillon, JJ., concur.


Ordered that the judgments are affirmed.

The record of the pretrial Wade hearing ( see United States v Wade, 388 US 218) supports the hearing court's determination that the undercover officer's identification of the defendant from a single photograph was merely confirmatory ( see People v Wharton, 74 NY2d 921, 923; People v Smith, 293 AD2d 764, 765; People v Polk, 284 AD2d 416, 417; People v Almonte, 181 AD2d 736).

The defendant received the effective assistance of counsel ( see People v Baldi, 54 NY2d 137). The defendant failed to demonstrate the absence of strategic or other legitimate explanations for her counsel's alleged failures in representation ( see People v Martinez, 17 AD3d 484, 484-485).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's remaining contentions are without merit.


Summaries of

People v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 2006
31 A.D.3d 780 (N.Y. App. Div. 2006)
Case details for

People v. Bennett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROHAN BENNETT…

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

Date published: Jul 25, 2006

Citations

31 A.D.3d 780 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5980
818 N.Y.S.2d 479

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