People v. Abrams

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON ABRAMS, Appellant

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

Date published: Dec 15, 1998

256 A.D.2d 133 (N.Y. App. Div. 1998)

683 N.Y.S.2d 223

Opinion

December 15, 1998

Appeal from the Supreme Court, New York County (Carol Berkman, J.).

Defendant's motion to suppress identification testimony was properly denied. The record reveals that there was no suggestiveness in the conduct of the lineups, and that all participants appeared sufficiently similar so that there was no substantial likelihood that defendant would be singled out for identification ( see, People v. Cheung, 255 A.D.2d 102).

The existing record, which defendant has not sought to amplify by way of a CPL article 440 motion, establishes that defendant received effective assistance of counsel ( People v. Baldi, 54 N.Y.2d 137).

Concur — Lerner, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.