Opinion
11302 Ind. 3007/14
07-09-2020
The PEOPLE of the State of New York, Respondent, v. Dionny JOAQUIN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Scott H. Henney of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Scott H. Henney of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Friedman, J.P., Manzanet–Daniels, Gesmer, Gonza´lez, JJ.
Judgment, Supreme Court, Bronx County (Diane R. Kiesel, J.), rendered June 14, 2017, convicting defendant, after a jury trial, of petit larceny, and sentencing him to a term of one year, unanimously affirmed.
The court properly denied defendant's suppression motion. The evidence adduced at the hearing sufficiently established that even if the victim's spontaneous identification of defendant could be categorized as a police-arranged identification procedure, that procedure was not unduly suggestive (see People v. Duuvon, 77 N.Y.2d 541, 545–546, 569 N.Y.S.2d 346, 571 N.E.2d 654 [1991] ).
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The evidence supports the conclusion that defendant intentionally deprived the victim of his property, rather than merely attempting to do so.