From Casetext: Smarter Legal Research

People v. Raines

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1987
135 A.D.2d 842 (N.Y. App. Div. 1987)

Opinion

December 28, 1987

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


Ordered that the judgment is affirmed.

The defendant contends, inter alia, that the photo array identification by the complainant was impermissibly suggestive. We disagree. The six-photograph array displayed to the complainant was constitutionally appropriate inasmuch as the defendant's picture did not contain any distinctive characteristics (see, People v Garcia, 115 A.D.2d 617, 618, lv denied 67 N.Y.2d 883; People v Rolston, 109 A.D.2d 854, 855). Additionally, the complainant's identification of the defendant at the felony hearing was not an unduly suggestive procedure. The evidence revealed that the complainant surveyed the entire courtroom prior to selecting the defendant. The defendant had the opportunity to waive his appearance for the purpose of the hearing as he did for the Wade hearing (see, CPL 180.60; People v Cummings, 109 A.D.2d 748; People v Lyde, 104 A.D.2d 957; People v James, 100 A.D.2d 552). Moreover, we agree with the Supreme Court that the complainant had an independent source for his in-court identification of the defendant (see, Neil v Biggers, 409 U.S. 188, 199-200; Manson v Brathwaite, 432 U.S. 98, 114).

The defendant's claim that identification was not proven beyond a reasonable doubt is without merit. Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's identity as one of the perpetrators beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).

We have examined the defendant's remaining contentions, including that the sentence was excessive, and conclude that they are either unpreserved for appellate review or without merit. Mollen, P.J., Lawrence, Weinstein and Kooper, JJ., concur.


Summaries of

People v. Raines

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1987
135 A.D.2d 842 (N.Y. App. Div. 1987)
Case details for

People v. Raines

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYANT RAINES…

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

Date published: Dec 28, 1987

Citations

135 A.D.2d 842 (N.Y. App. Div. 1987)

Citing Cases

People v. Mills

Similarly unavailing is defendant's claim that the court erred in denying suppression of the identification…

People v. Cody

Ordered that the judgment is affirmed. We find that the photographic array was not impermissibly suggestive…