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People v. Blount

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 541 (N.Y. App. Div. 1988)

Opinion

February 1, 1988

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


Ordered that the judgment is affirmed.

The identifications made at the time of the defendant's apprehension were spontaneous, and there is no evidence that the subsequent identifications at the station house came about as a result of a staged showup or other improper police conduct (see, People v Dukes, 97 A.D.2d 445; see also, People v Evans, 120 A.D.2d 608, lv denied 68 N.Y.2d 756).

Viewing the evidence in the light most favorable to the People (People v Benzinger, 36 N.Y.2d 29), it is legally sufficient to support the defendant's conviction of the crime charged (see, People v Lewis, 64 N.Y.2d 1111; People v Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the evidence overwhelmingly established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).

As to the sentence, we find that there has been no failure to apply proper sentencing principles (see, People v Suitte, 90 A.D.2d 80, 86).

The defendant's remaining contention has not been preserved for appellate review (CPL 470.05). Mangano, J.P., Brown, Harwood and Balletta, JJ., concur.


Summaries of

People v. Blount

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 541 (N.Y. App. Div. 1988)
Case details for

People v. Blount

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE BLOUNT…

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

Date published: Feb 1, 1988

Citations

137 A.D.2d 541 (N.Y. App. Div. 1988)