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People v. Krivoi

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 535 (N.Y. App. Div. 1995)

Opinion

October 10, 1995

Appeal from the County Court, Nassau County (Thorp, J.).


Ordered that the judgment is affirmed.

The showup identification, which took place in close spatial and temporal proximity to the commission of the crime, was proper (see, People v. Duuvon, 77 N.Y.2d 541, 542; People v. McCray, 213 A.D.2d 428; People v. Vargas, 208 A.D.2d 781; People v. Yearwood, 207 A.D.2d 365; Matter of Sharrod J., 205 A.D.2d 628).

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally 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 of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit. Thompson, J.P., Copertino, Hart and Goldstein, JJ., concur.


Summaries of

People v. Krivoi

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 535 (N.Y. App. Div. 1995)
Case details for

People v. Krivoi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARAT KRIVOI, Appellant

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

Date published: Oct 10, 1995

Citations

220 A.D.2d 535 (N.Y. App. Div. 1995)
632 N.Y.S.2d 201