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People v. Richards

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1999
264 A.D.2d 787 (N.Y. App. Div. 1999)

Opinion

Submitted June 1, 1999

September 20, 1999

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered March 27, 1997, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.

Brenda V. Mechmann, Yonkers, N.Y. (J. Mechmann on the brief), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Darcy P. Rydlun and Maryanne Luciano of counsel), for respondent.

DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, DANIEL W. JOY, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the prosecution witness did not have an independent basis to identify him in court is without merit. The witness had three face-to-face conversations with the defendant in a well-lit area during the course of a drug transaction, and accurately described the defendant in detail prior to viewing him in the police station. Thus, the witness had an independent basis to identify the defendant in court ( see, People v. Quinitchett, 210 A.D.2d 438; People v. Hyatt, 162 A.D.2d 713, 714).

Upon the exercise of our factual review power, we are satisfied that the verdict is not against the weight of the evidence ( see, CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

RITTER, J.P., THOMPSON, JOY, and H. MILLER, JJ., concur.


Summaries of

People v. Richards

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1999
264 A.D.2d 787 (N.Y. App. Div. 1999)
Case details for

People v. Richards

Case Details

Full title:The PEOPLE, etc., respondent, v. GILES A. RICHARDS, JR., appellant. (Ind…

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

Date published: Sep 20, 1999

Citations

264 A.D.2d 787 (N.Y. App. Div. 1999)
696 N.Y.S.2d 172