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People v. Livieri

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1994
209 A.D.2d 641 (N.Y. App. Div. 1994)

Opinion

November 21, 1994

Appeal from the Supreme Court, Queens County (Goldstein, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly determined that there was an independent source for the complainant's in-court identification of the defendant (see, People v. Berry, 201 A.D.2d 489; People v. Benbow, 180 A.D.2d 805; People v. Hyatt, 162 A.D.2d 713; People v. Rodriguez, 137 A.D.2d 847).

The sentence imposed is not excessive (see, People v. Suitte, 90 A.D.2d 80). The defendant's challenge to the imposition of the mandatory surcharge is premature (see, People v. Burke, 204 A.D.2d 345; People v. Fields, 193 A.D.2d 814; People v. Angelista, 176 A.D.2d 238). Sullivan, J.P., Rosenblatt, Pizzuto and Altman, JJ., concur.


Summaries of

People v. Livieri

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1994
209 A.D.2d 641 (N.Y. App. Div. 1994)
Case details for

People v. Livieri

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES LIVIERI…

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

Date published: Nov 21, 1994

Citations

209 A.D.2d 641 (N.Y. App. Div. 1994)
619 N.Y.S.2d 633

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