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People v. Harding

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1987
134 A.D.2d 367 (N.Y. App. Div. 1987)

Opinion

November 9, 1987

Appeal from the County Court, Nassau County (Samenga, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the hearing court properly denied that branch of his omnibus motion which was to suppress the identification testimony of the complainant Gemroy Graham and witness Stephen Smith.

The court properly concluded that there existed independent bases supporting the identifications of both Smith and Graham. The record reveals that during the commission of the robbery, Graham stood face to face with the defendant under a street light and clearly observed the defendant's features. Smith testified that he observed the defendant from a distance of approximately five feet under "excellent" lighting conditions (cf., People v Smalls, 112 A.D.2d 173). Furthermore, both witnesses knew the defendant prior to the robbery. Smith testified that he had known the defendant from the neighborhood for a period of 4 to 5 years and had played ball with him on more than one occasion. Similarly, the complainant testified that he knew the defendant "quite well", having recognized him as someone who was frequently present at a local store in the neighborhood. In light of the foregoing, the suppression court's denial of that branch of the defendant's omnibus motion which was to suppress identification testimony was correct.

The trial court's Sandoval ruling represented a proper exercise of discretion (see, People v. Sandoval, 34 N.Y.2d 371; People v. Tucker, 122 A.D.2d 237, lv denied 68 N.Y.2d 918; People v. Edwards, 118 A.D.2d 581, lv denied 67 N.Y.2d 942).

The evidence, when viewed in a light most favorable to the People, was legally sufficient to support the defendant's conviction (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Weinstein, J.P., Rubin, Kooper and Sullivan, JJ., concur.


Summaries of

People v. Harding

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1987
134 A.D.2d 367 (N.Y. App. Div. 1987)
Case details for

People v. Harding

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM HARDING…

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

Date published: Nov 9, 1987

Citations

134 A.D.2d 367 (N.Y. App. Div. 1987)

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