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People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1987
133 A.D.2d 88 (N.Y. App. Div. 1987)

Opinion

August 3, 1987

Appeal from the County Court, Westchester County (Nastasi, J.).


Ordered that the judgment is affirmed.

The record established that there were no improper procedures employed by the police and the victim's in-court identification of the defendant was properly admitted at trial (see, People v Monaco, 93 A.D.2d 823). The victim observed the defendant, who was hitchhiking on Route 9, the day after the crime. After passing the defendant on the road a second time to ensure that he was in fact the person who had stolen her purse, the driver of the vehicle in which the victim was a passenger alerted the police via his citizen's band radio. They then proceeded to follow the vehicle which had picked up the defendant. The police responded to the scene and ultimately stopped the vehicle in which the defendant was a passenger. When the defendant exited the vehicle, the victim confirmed for the police that the defendant was the one who had stolen her purse the night before. Approximately 30 minutes later, she again identified the defendant at police headquarters where he was being held. Such a confirmatory identification cannot be construed as unnecessarily suggestive and the defendant's argument to the contrary is without merit (see, People v. Morales, 37 N.Y.2d 262).

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 (CPL 470.15).

The defendant's remaining contentions are either unpreserved for our review or without merit. Mollen, P.J., Brown, Weinstein and Rubin, JJ., concur.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1987
133 A.D.2d 88 (N.Y. App. Div. 1987)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN JONES…

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

Date published: Aug 3, 1987

Citations

133 A.D.2d 88 (N.Y. App. Div. 1987)

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