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People v. Session

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1988
143 A.D.2d 233 (N.Y. App. Div. 1988)

Opinion

August 22, 1988

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


Ordered that the judgment is affirmed.

After a review of the record of the suppression hearing, we find no basis for disturbing the hearing court's findings that (1) the complainant's identification of the defendant in a police car shortly after the incident was not unduly suggestive (see, People v Sivels, 134 A.D.2d 381, lv denied 70 N.Y.2d 1011; People v Bantum, 133 A.D.2d 699, lv denied 70 N.Y.2d 929; People v Dennis, 125 A.D.2d 325, lv denied 70 N.Y.2d 645), and (2) there was an independent basis for the complainant's in-court identification of the defendant (see, People v Washington, 111 A.D.2d 418, lv denied 66 N.Y.2d 768).

Viewing the trial evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). Mollen, P.J., Lawrence, Weinstein and Kooper, JJ., concur.


Summaries of

People v. Session

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1988
143 A.D.2d 233 (N.Y. App. Div. 1988)
Case details for

People v. Session

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAVALLE SESSION…

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

Date published: Aug 22, 1988

Citations

143 A.D.2d 233 (N.Y. App. Div. 1988)

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