Opinion
2000-09067
Submitted September 12, 2002
October 1, 2002
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered September 29, 2000, convicting him of assault in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Lynn W. L. Fahey, New York, N.Y. (Jack D. Jordan of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Beverly Kalman of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
We agree with the hearing court that, despite a defective pretrial identification procedure, there was an independent basis for the witness's in-court identification of the defendant. While the witness was only able to observe the defendant for a short time on the night of the shooting, the area where she observed him was illuminated by four street lights. Furthermore, the witness had seen the defendant, who was dating the witness's friend, on numerous occasions prior to the shooting (see People v. Washington, 111 A.D.2d 418; People v. Dixon, 158 A.D.2d 467).
ALTMAN, J.P., FLORIO, O'BRIEN and H. MILLER, JJ., concur.