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People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1987
133 A.D.2d 704 (N.Y. App. Div. 1987)

Opinion

October 13, 1987

Appeal from the Supreme Court, Queens County (Linakis, J.).


Ordered that the judgment is affirmed.

Initially, we reject the defendant's contention that the photographic array and lineup from which the defendant was identified were unduly suggestive (see, People v. Prochilo, 41 N.Y.2d 759; People v. Wong, 133 A.D.2d 184).

We also find that, upon the exercise of our factual review power, the defendant's guilt was proven beyond a reasonable doubt and the verdict was not against the weight of the evidence (see, CPL 470.15). The jury was entitled to give great weight to the testimony of the complaining witnesses and to reject that of the defendant and his alibi witnesses (see, People v. McCrimmon, 131 A.D.2d 598).

Although the court improperly permitted testimony about the identification of other perpetrators who were not on trial with the defendant, given the strength of the eyewitness identifications, the error must be deemed harmless (see, People v. Monroe, 40 N.Y.2d 1096).

We have considered the defendant's other contentions and find them to be unpreserved or without merit. Thompson, J.P., Weinstein, Rubin and Harwood, JJ., concur.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1987
133 A.D.2d 704 (N.Y. App. Div. 1987)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL GARCIA…

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

Date published: Oct 13, 1987

Citations

133 A.D.2d 704 (N.Y. App. Div. 1987)

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