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People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1994
202 A.D.2d 694 (N.Y. App. Div. 1994)

Opinion

March 28, 1994

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the eyewitnesses to the crime, who were also the victims, each had a sufficient independent basis to identify the defendant in court (see, United States v. Wade, 388 U.S. 218). Therefore, their in-court identifications were properly permitted despite suggestive pretrial police-arranged identifications.

Viewing the evidence adduced at the trial in the light most favorable to the People (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 was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Ritter, J.P., Pizzuto, Friedmann and Goldstein, JJ., concur.


Summaries of

People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1994
202 A.D.2d 694 (N.Y. App. Div. 1994)
Case details for

People v. Payne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD PAYNE, Appellant

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

Date published: Mar 28, 1994

Citations

202 A.D.2d 694 (N.Y. App. Div. 1994)
610 N.Y.S.2d 829

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