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Matter of Leonardo C

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 1997
240 A.D.2d 273 (N.Y. App. Div. 1997)

Opinion

June 17, 1997

Appeal from the Family Court, New York County (Ruth Zuckerman, J.).


Suppression of the complainant's in-court identification was properly denied. The complainant's testimony detailing a 2 1/2 to 5 minute daylight encounter and his detailed description of appellant provided clear and convincing evidence of independent source ( see, People v. Williams, 222 A.D.2d 149, lv denied 88 N.Y.2d 1072).

The court's fact-finding determination was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490). We see no reason to disturb the court's findings with respect to the reliability of the identification.

Concur — Milonas, J.P., Ellerin, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Matter of Leonardo C

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 1997
240 A.D.2d 273 (N.Y. App. Div. 1997)
Case details for

Matter of Leonardo C

Case Details

Full title:In the Matter of LEONARDO C., a Person Alleged to be a Juvenile…

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

Date published: Jun 17, 1997

Citations

240 A.D.2d 273 (N.Y. App. Div. 1997)
659 N.Y.S.2d 739