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People v. Liner

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1991
178 A.D.2d 178 (N.Y. App. Div. 1991)

Opinion

December 10, 1991

Appeal from the Supreme Court, New York County (Richard T. Andrias, J.).


According to the People, defendant pulled a sheer woman's stocking over his head in the course of committing an armed robbery of an ice cream store. While two of those present were unable to identify defendant, the other two witnesses, both of whom picked defendant out of separate lineups, testified that defendant's features were visible through the stocking. This was sufficient to establish defendant's identity beyond a reasonable doubt. Defendant failed to preserve any objection to the court's no adverse inference charge (People v Cruz, 171 A.D.2d 607, lv denied 78 N.Y.2d 921), and we decline to reach the issue. Were we to review the issue in the interest of justice, we would affirm, since the charge as given did not suggest that defendant had any obligation to testify (People v Coe, 165 A.D.2d 721, lv denied 76 N.Y.2d 984).

Concur — Murphy, P.J., Sullivan, Milonas, Ellerin and Smith, JJ.


Summaries of

People v. Liner

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1991
178 A.D.2d 178 (N.Y. App. Div. 1991)
Case details for

People v. Liner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH LINER…

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

Date published: Dec 10, 1991

Citations

178 A.D.2d 178 (N.Y. App. Div. 1991)
577 N.Y.S.2d 261

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