Opinion
8038 Ind. 1538/16
01-08-2019
The PEOPLE of the State of New York, Respondent, v. Martin WASHINGTON, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Amith Gupta of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Amith Gupta of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Tom, Mazzarelli, Webber, JJ.
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered November 9, 2016, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 12 years, unanimously affirmed.
The court properly denied defendant's motion to suppress identification testimony, without granting a hearing pursuant to People v. Rodriguez, 79 N.Y.2d 445, 583 N.Y.S.2d 814, 593 N.E.2d 268 (1992). Defendant's motion sought such a hearing to test the People's assertion in their voluntary disclosure form that a witness who had a prior relationship with defendant had made a confirmatory identification. However, after the People's opposing papers set forth detailed factual assertions regarding the relationship between defendant and the identifying witness, including the witness's frequent interactions with defendant over a period of years and knowledge of defendant by his nickname, defendant failed to submit a reply or otherwise controvert those allegations (see e.g. People v. Marte, 103 A.D.3d 470, 960 N.Y.S.2d 13 [1st Dept. 2013], lv denied 22 N.Y.3d 1140, 983 N.Y.S.2d 498, 6 N.E.3d 617 [2014] ). Accordingly, there was no factual issue requiring a hearing.
We perceive no basis for reducing the sentence.