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People v. Hawkins

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 747 (N.Y. App. Div. 1987)

Opinion

January 26, 1987

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's claim, the hearing court did not err in denying that branch of his omnibus motion which was to suppress the identification testimony. The defendant failed to establish his ultimate burden of proving that the photographic array was unduly suggestive (see, People v. Berrios, 28 N.Y.2d 361, 367; People v. Jackson, 108 A.D.2d 757). The mere fact that the defendant was the only one depicted in the photographic array with an earring did not indicate that his picture "stood out from the rest" (People v. Coleman, 114 A.D.2d 906).

Finally, we reject the defendant's claim that the verdict was against the weight of the evidence. To the contrary, the testimony of the three eyewitnesses to the crime was clearly sufficient to support the verdict and, in fact, overwhelmingly established the defendant's guilt beyond a reasonable doubt. Brown, J.P., Rubin, Kooper and Sullivan, JJ., concur.


Summaries of

People v. Hawkins

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 747 (N.Y. App. Div. 1987)
Case details for

People v. Hawkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARD HAWKINS…

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

Date published: Jan 26, 1987

Citations

126 A.D.2d 747 (N.Y. App. Div. 1987)

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