From Casetext: Smarter Legal Research

People v. Mason

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 1989
152 A.D.2d 750 (N.Y. App. Div. 1989)

Opinion

July 31, 1989

Appeal from the Supreme Court, Richmond County (Sullivan, J.).


Ordered that the judgment is affirmed.

The findings of the hearing court are entitled to great deference and should not be set aside unless clearly unsupported by the record (see, People v Prochilo, 41 N.Y.2d 759; People v Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851; People v Hayes, 127 A.D.2d 607; People v Armstead, 98 A.D.2d 726). In the instant case, there was nothing suggestive about the photographic array consisting of six photographs of males of similar age, race, build, stature, and hairstyle (see, People v Reid, 137 A.D.2d 844; People v Campbell, 149 A.D.2d 719).

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).

Further, we find no basis for modifying the sentence imposed by the trial court (see, People v Suitte, 90 A.D.2d 80).

We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Brown, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Mason

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 1989
152 A.D.2d 750 (N.Y. App. Div. 1989)
Case details for

People v. Mason

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MASON, Appellant

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

Date published: Jul 31, 1989

Citations

152 A.D.2d 750 (N.Y. App. Div. 1989)

Citing Cases

People v. Mason

Robert Mason, Wallkill, N.Y., appellant pro se. Daniel M. Donovan, District Attorney, Staten Island, N.Y.…

People v. Mason

DECISION & ORDER Application by the appellant for a writ of error coram nobis to vacate, on the ground of…