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People v. Quaresimo

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 876 (N.Y. App. Div. 2001)

Opinion

(972) KA 99-05667.

September 28, 2001.

(Appeal from Judgment of Supreme Court, Monroe County, VanStrydonck, J. — Forgery, 2nd Degree.)

PRESENT: PIGOTT, JR., P.J., GREEN, HAYES, BURNS AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

The verdict finding defendant guilty of forgery in the second degree (Penal Law § 170.10), criminal possession of stolen property in the fourth degree (Penal Law § 165.45) and petit larceny (Penal Law § 155.25) is not contrary to the weight of the evidence, and the evidence, viewed in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), is legally sufficient to support the conviction ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The proof establishes that defendant acted as an accomplice ( see, Penal Law § 20.00) in the possession and use of a stolen credit card to purchase a television and VCR ( see, People v. Moye, 275 A.D.2d 887, 888, lv denied 95 N.Y.2d 936; People v. Mathis, 147 A.D.2d 851, 854, lv denied 73 N.Y.2d 1018; People v. Mitchell, 126 A.D.2d 754). Because the evidence of defendant's guilt as an accomplice was both direct and circumstantial, Supreme Court was not required to give a moral certainty charge ( see, People v. DeJesus, 256 A.D.2d 59, lv denied 93 N.Y.2d 969; see also, People v. Goncalves, ___ A.D.2d ___ [decided May 2, 2001]). The court properly denied defendant's motion to suppress identification testimony. Contrary to defendant's contention, the individuals portrayed in the photo array "resemble each other sufficiently so that there was not a `substantial likelihood that the defendant would be singled out for identification'" ( People v. Beason, 252 A.D.2d 975, lv denied 92 N.Y.2d 980, quoting People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833; see, People v. Dread, 245 A.D.2d 1076, lv denied 91 N.Y.2d 1007).


Summaries of

People v. Quaresimo

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 876 (N.Y. App. Div. 2001)
Case details for

People v. Quaresimo

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOHN QUARESIMO…

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

Date published: Sep 28, 2001

Citations

286 A.D.2d 876 (N.Y. App. Div. 2001)
730 N.Y.S.2d 891

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