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People v. Houston

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 1995
219 A.D.2d 673 (N.Y. App. Div. 1995)

Opinion

September 18, 1995

Appeal from the Supreme Court, Kings County (DeLury, J.).


Ordered that the judgment is affirmed.

We agree with the hearing court's determination that the complainant had an independent source for her in-court identification (see, United States v Crews, 445 U.S. 463; People v Pleasant, 54 N.Y.2d 972, cert denied 455 U.S. 924; People v Brnja, 50 N.Y.2d 366, 369, n 1; People v Hyatt, 162 A.D.2d 713). Additionally, the complainant's testimony at trial regarding her negative identification of another individual did not improperly bolster her identification of the defendant (see, People v Bolden, 58 N.Y.2d 741; People v Jones, 200 A.D.2d 764; People v Rodriguez, 193 A.D.2d 633).

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 (CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Balletta, J.P., Copertino, Pizzuto and Krausman, JJ., concur.


Summaries of

People v. Houston

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 1995
219 A.D.2d 673 (N.Y. App. Div. 1995)
Case details for

People v. Houston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE HOUSTON, Also…

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

Date published: Sep 18, 1995

Citations

219 A.D.2d 673 (N.Y. App. Div. 1995)
631 N.Y.S.2d 406