From Casetext: Smarter Legal Research

People v. Reeves

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1986
120 A.D.2d 621 (N.Y. App. Div. 1986)

Opinion

May 12, 1986

Appeal from the Supreme Court, Kings County (Lombardo, J.).


Judgment affirmed.

Contrary to the defendant's claim, his guilt was proven beyond a reasonable doubt. We further reject the defendant's claim that the court erred in not making a threshold inquiry into the reliability of the identification testimony, inasmuch as the accuracy of identification testimony presents an issue of fact for jury resolution, and may not be determined on a motion to suppress (see, People v Dukes, 97 A.D.2d 445). The defendant's objections to the trial court's charge are unpreserved for appellate review. In any event, the charge on intent was correct (see, People v Getch, 50 N.Y.2d 456), and the court properly charged the jury with respect to the lesser included offense of manslaughter in the first degree (see, CPL 300.50). Eiber, J.P., Kunzeman, Kooper and Spatt, JJ., concur.


Summaries of

People v. Reeves

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1986
120 A.D.2d 621 (N.Y. App. Div. 1986)
Case details for

People v. Reeves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK REEVES, Appellant

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

Date published: May 12, 1986

Citations

120 A.D.2d 621 (N.Y. App. Div. 1986)

Citing Cases

People v. Kev (In re Reeves)

I respectfully dissent. As stated in my concurrence in the prior appeal, I do not believe that there is any…

People v. Reeves

In my view, there is no basis to suppress identification testimony in the absence of evidence that the…