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People v. Neverett

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 1992
182 A.D.2d 1092 (N.Y. App. Div. 1992)

Opinion

April 24, 1992

Appeal from the Steuben County Court, Finnerty, J.

Present — Denman, P.J., Green, Pine, Balio and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: The court properly determined that, although the victim's identification of defendant at a stationhouse showup was unreliable (see, People v Riley, 70 N.Y.2d 523), the victim had an independent basis to support his in-court identification at trial (see, People v Ballott, 20 N.Y.2d 600; People v Turner [appeal No. 1], 154 A.D.2d 885). The proof was sufficient to support defendant's conviction of attempted first degree robbery based on defendant's use or threatened use of a dangerous instrument (see, Penal Law § 110.00, 160.15 Penal [3]). The victim testified that defendant threatened him and struck him in the face with what appeared to be a gun (see, People v McGowan, 160 A.D.2d 896; People v Smith, 142 A.D.2d 619, lv denied 73 N.Y.2d 860). We have reviewed defendant's remaining arguments and find them to be either unpreserved or without merit.


Summaries of

People v. Neverett

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 1992
182 A.D.2d 1092 (N.Y. App. Div. 1992)
Case details for

People v. Neverett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY R. NEVERETT…

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

Date published: Apr 24, 1992

Citations

182 A.D.2d 1092 (N.Y. App. Div. 1992)
582 N.Y.S.2d 880

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