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People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 924 (N.Y. App. Div. 1990)

Opinion

December 21, 1990

Appeal from the Onondaga County Court, Cunningham, J.

Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: None of defendant's contentions requires reversal of his convictions for first degree rape and second degree robbery. The victim's pretrial identification of defendant was not impermissibly suggestive and, in any event, the victim had an independent basis to support her trial testimony, given the lengthy face to face conversation she had with the defendant in the bar prior to the incident. Moreover, on this record, the victim's testimony was not impermissibly bolstered and the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant's sentence is not harsh and excessive. His remaining contentions addressed to the court's charge were not preserved for review and do not require reversal in any event.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 924 (N.Y. App. Div. 1990)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN SMITH, Appellant

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

Date published: Dec 21, 1990

Citations

168 A.D.2d 924 (N.Y. App. Div. 1990)
564 N.Y.S.2d 888

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