Opinion
September 18, 1990
Appeal from the Supreme Court, New York County (Murray Mogel, J.).
On May 1, 1985 Derrick Mitchell and Robert Davis, who had been smoking marihuana, and two other persons were robbed at gunpoint in an apartment at 194 West 134th Street by defendant and two accomplices. Police officers had previously been dispatched to the apartment building following Mitchell's phone call in which he reported the presence of men in the street, possibly armed, looking up suspiciously at Mitchell's window. Defendant was apprehended as he exited the building, and was returned to the apartment and identified. The court suppressed the showup identification but found there was an independent source for an in-court identification.
Viewing the evidence in the light most favorable to the People, and giving the People the benefit of every reasonable inference to be drawn therefrom, we find that the evidence was legally sufficient to establish defendant's guilt beyond a reasonable doubt. (People v. Tejeda, 73 N.Y.2d 958, 960.) The complainant's drug use merely raised an issue for the jury to determine. (People v. Suarez, 162 A.D.2d 302.) The complainant had ample opportunity to observe defendant, and his identification testimony was corroborated by the recovery of a shotgun shell under the seat of a patrol car in which defendant had been transported.
In viewing the totality of the circumstances there was an independent source for defendant's in-court identification. The length of time complainant viewed the defendant is but one factor to be considered. (People v. Hyatt, 162 A.D.2d 713.) We note that during the robbery the witness was able for a period of time to focus his attention on defendant under well-lit conditions.
Concur — Kupferman, J.P., Sullivan, Milonas, Ellerin and Smith, JJ.