Opinion
January 29, 1991
Appeal from the Supreme Court, New York County (Rose Rubin, J.).
This conviction arose out of defendant's robbery and killing of a cab driver on West 181st Street near Cabrini Boulevard, in Manhattan. When the cab driver resisted defendant's demand of money, defendant shot him in the head, and the cab careened back and forth across the street, hitting parked cars, finally crashing into the car of one of the witnesses. Numerous witnesses observed the assailant emerge from the vehicle and flee. Initially, we note that there exists no evidence to indicate that law enforcement personnel influenced any of the witnesses during identification procedures, or thereafter. Nor is there any basis to conclude that the witness's identification testimony was so inherently unreliable as to preclude in-court identification of the defendant. (See, People v Frawley, 131 A.D.2d 504, 505, lv denied 70 N.Y.2d 711.)
Viewing the evidence in a light most favorable to the People (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), and giving due weight to the jury's assessment of issues of credibility (People v Kennedy, 47 N.Y.2d 196, 203), defendant's guilt was proven beyond a reasonable doubt by overwhelming evidence. Drug abuse by a witness does not, by itself, discredit his testimony as a matter of law. (See, People v Blanco, 158 A.D.2d 347, lv denied 76 N.Y.2d 731.) Evidence that a latent fingerprint lifted from an inside window in the cab, which defendant was seen by a witness to touch, matched one of defendant's fingerprints by itself provided compelling evidence of guilt. (People v Gates, 24 N.Y.2d 666.)
Defendant has not preserved for review any claim that the court denied him access to a potential witness. In any event, that claim is meritless. Defendant never sought a subpoena or other court order to secure the attendance of this witness. Defendant failed to make charge requests at the conclusion of the evidence, and never objected to the charge as given. There is no reason to review in the interest of justice.
We have examined defendant's remaining contentions and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.