From Casetext: Smarter Legal Research

People v. Dixon

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1990
158 A.D.2d 467 (N.Y. App. Div. 1990)

Opinion

February 5, 1990

Appeal from the County Court, Nassau County (Boklan, J.).


Ordered that the judgments are affirmed.

Assuming, arguendo, that there is merit to the defendant's contention that the lineup at which he was identified by the complainant was suggestive, we find, as did the hearing court, that there was an independent basis for the in-court identification. During the course of the robbery, the complainant observed the defendant's face for approximately 20 seconds and, although it was 3:00 A.M., there was a streetlight in the immediate vicinity which illuminated the scene well enough for her to see him (see, People v Rosario, 155 A.D.2d 563; People v Sorenson, 112 A.D.2d 1016, 1017; People v Washington, 111 A.D.2d 418, 419).

We have considered the defendant's remaining contentions and find that they do not require reversal. Mangano, J.P., Kunzeman, Eiber and Kooper, JJ., concur.


Summaries of

People v. Dixon

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1990
158 A.D.2d 467 (N.Y. App. Div. 1990)
Case details for

People v. Dixon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY DIXON…

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

Date published: Feb 5, 1990

Citations

158 A.D.2d 467 (N.Y. App. Div. 1990)
550 N.Y.S.2d 915

Citing Cases

People v. Tyrell

We agree with the hearing court that there was an independent basis for the in-court identification. During…

People v. South

When taken into custody by the police two hours after the drug transaction, defendant was close to the…