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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 618 (N.Y. App. Div. 1988)

Opinion

May 23, 1988

Appeal from the Supreme Court, Westchester County (Walsh, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the evidence adduced at the Wade hearing reveals that the identification procedures were neither improperly conducted nor unduly suggestive (see, People v Rodriguez, 64 N.Y.2d 738, 740; People v Burwell, 26 N.Y.2d 331; People v McCoy, 131 A.D.2d 787). The hearing record also supports the alternative conclusion that the complainant's recollection of the defendant as one of her assailants had a source independent of any photographic identification (see, People v Adams, 53 N.Y.2d 241; People v Logan, 25 N.Y.2d 184, 192, cert denied 396 U.S. 1020, rearg dismissed 27 N.Y.2d 737; People v Barksdale, 133 A.D.2d 770, lv denied 70 N.Y.2d 1003).

We further conclude that, viewed in its entirety, the alibi instruction properly conveyed the relevant principles of law to the jury (see, e.g., People v Canty, 60 N.Y.2d 830; People v Hydleburg, 127 A.D.2d 792, lv denied 70 N.Y.2d 648). The trial court was not required to marshal or refer to the evidence to any extent greater than was necessary to explain the application of the law to the facts (CPL 300.10). Mangano, J.P., Thompson, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 618 (N.Y. App. Div. 1988)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR DAVIS, Appellant

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

Date published: May 23, 1988

Citations

140 A.D.2d 618 (N.Y. App. Div. 1988)

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