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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2003
309 A.D.2d 763 (N.Y. App. Div. 2003)

Opinion

2001-09942

Submitted September 4, 2003.

October 6, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Honorof, J.), rendered October 15, 2001, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.

Leon H. Tracy, Jericho, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Deborah N. Abramson of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied that branch of his omnibus motion which was to suppress identification testimony ( see People v. Morgan ___ A.D.2d ___ [decided herewith]).

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 ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence.

The defendant's remaining contentions are without merit.

FLORIO, J.P., S. MILLER, FRIEDMANN and LUCIANO, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2003
309 A.D.2d 763 (N.Y. App. Div. 2003)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE, ETC., respondent, v. THOMAS DAVIS, appellant

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

Date published: Oct 6, 2003

Citations

309 A.D.2d 763 (N.Y. App. Div. 2003)
768 N.Y.S.2d 828