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People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1992
181 A.D.2d 837 (N.Y. App. Div. 1992)

Opinion

March 23, 1992

Appeal from the Supreme Court, Kings County (Bernstein, J.).


Ordered that the judgment is affirmed.

The defendant argues that the jury improperly credited the identification testimony of an undercover police officer. However, resolution of issues of credibility are primarily questions to be determined by the jury, which saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84, 94). Upon the exercise of our factual review power (CPL 470.15), we are satisfied that the verdict was not against the weight of the evidence. The officer had sufficient opportunity to observe the defendant and the jury was entitled to credit his identification testimony.

The defendant's claim that the officer's confirmatory viewing of the suspects at the station house was an improper identification procedure is not preserved for appellate review (CPL 470.05) and, in any event, is without merit. Such a confirmatory viewing was "sufficiently connected [with] and contemporaneous to the arrest as to constitute the ordinary and proper completion of an integral police procedure" (People v Wharton, 74 N.Y.2d 921, 922-923) and was not unduly suggestive (see also, People v Morales, 37 N.Y.2d 262; People v Marte, 163 A.D.2d 614; People v Connor, 137 A.D.2d 701, 702).

The trial court did not coerce a verdict when it informed the jurors that the time required for dinner would preclude further deliberations that evening (see, People v Meekins, 154 A.D.2d 404, 405).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1992
181 A.D.2d 837 (N.Y. App. Div. 1992)
Case details for

People v. Ramos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RAMOS, Appellant

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

Date published: Mar 23, 1992

Citations

181 A.D.2d 837 (N.Y. App. Div. 1992)
581 N.Y.S.2d 392

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