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People v. Vera

Appellate Division of the Supreme Court of New York, First Department
May 12, 1992
183 A.D.2d 486 (N.Y. App. Div. 1992)

Opinion

May 12, 1992

Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).


The defense herein relied heavily on a claim that the complainant misidentified defendant in a lineup due to a suggestive photo identification made several days prior to that lineup, as evidenced by a direct reference thereto in opening, an explicit consent to elicitation of testimony regarding the photo identification on the People's direct case, and full exploration of the suggestive identification claim throughout defendant's cross-examination of the People's witnesses, direct case and summation. In these circumstances, defendant's claims of prejudicial error by the admission of testimony regarding the photo identification, raised for the first time on appeal, are both unpreserved for appellate review as a matter of law (CPL 470.05), and were we to consider it we would note that the victim had the opportunity to view defendant's face for 15-20 minutes and testified that he "would never forget that face", and would find it to be without merit in light of his chosen trial strategy (see, People v. Tarsia, 50 N.Y.2d 1, 8-9).

Although the defense was unsuccessful, there is no indication that defendant was not afforded effective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137).

We have considered defendant's additional claims and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ross, Smith and Rubin, JJ.


Summaries of

People v. Vera

Appellate Division of the Supreme Court of New York, First Department
May 12, 1992
183 A.D.2d 486 (N.Y. App. Div. 1992)
Case details for

People v. Vera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARDO VERA, Appellant

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

Date published: May 12, 1992

Citations

183 A.D.2d 486 (N.Y. App. Div. 1992)
583 N.Y.S.2d 842

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