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People v. Bryan

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 721 (N.Y. App. Div. 1998)

Opinion

March 30, 1998

Appeal from the Supreme Court, Queens County (Rotker, J.).


Ordered that the judgment is affirmed.

The court properly denied the defendant's request to call the complainant to testify at the Wade hearing based on testimony by the defendant's mother that the complainant saw the defendant in the police station prior to the lineup. There were no substantial issues as to the constitutionality of the lineup ( see, People v. Chipp, 75 N.Y.2d 327, 338, cert. denied 498 U.S. 833), the People's evidence was not "notably incomplete" ( People v. Sokolyansky, 147 A.D.2d 722, 723), and the defendant did not demonstrate a need for the witness's testimony ( see, People v. Harvall, 196 A.D.2d 553). The court's determination that the defendant's mother was not credible should be afforded great weight and should not be disturbed unless clearly unsupported by the evidence ( see, People v. Prochilo, 41 N.Y.2d 759; People v. Jackson, 200 A.D.2d 690).

The defendant's contention that the evidence was legally insufficient is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245).

In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contention is unpreserved for appellate review.

Joy, J. P., Krausman, Florio and Luciano, JJ., concur.


Summaries of

People v. Bryan

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 721 (N.Y. App. Div. 1998)
Case details for

People v. Bryan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BRYAN, Also…

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

Date published: Mar 30, 1998

Citations

248 A.D.2d 721 (N.Y. App. Div. 1998)
671 N.Y.S.2d 271