Opinion
2014-01784 Ind. No. 10183/13.
01-20-2016
The PEOPLE, etc., respondent, v. Todd CAVINESS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Nao Terai of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Daniel Bresnahan, and Deborah E. Wassel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Nao Terai of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Daniel Bresnahan, and Deborah E. Wassel of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered February 14, 2014, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Paynter, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the evidence adduced at the suppression hearing established that the pretrial identification procedure was not unduly suggestive (see People v. Wharton, 74 N.Y.2d 921, 922–923, 550 N.Y.S.2d 260, 549 N.E.2d 462; People v. Morales, 37 N.Y.2d 262, 265, 271–272, 372 N.Y.S.2d 25, 333 N.E.2d 339; People v. Hewitt, 267 A.D.2d 326, 699 N.Y.S.2d 882; People v. Turner, 233 A.D.2d 932, 933, 649 N.Y.S.2d 571; People v. Fanfan, 207 A.D.2d 907, 616 N.Y.S.2d 663; People v. Snow, 128 A.D.2d 564, 564, 512 N.Y.S.2d 500).
The defendant's contention that he was denied effective assistance of counsel is without merit (see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674; People v. Caban, 5 N.Y.3d 143, 800 N.Y.S.2d 70, 833 N.E.2d 213; People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).
BALKIN, J.P., DICKERSON, DUFFY and LaSALLE, JJ., concur.