People v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. LEON SMITH, Appellant

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

Date published: Dec 2, 1997

245 A.D.2d 16 (N.Y. App. Div. 1997)

666 N.Y.S.2d 404

Opinion

December 2, 1997

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).

Defendant's suppression motion was properly denied. The circumstances of the showup identification were not unduly suggestive ( People v. Espala, 223 A.D.2d 461, lv denied 88 N.Y.2d 847; see also, People v. Rodriguez, 64 N.Y.2d 738).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility and reliability of identification testimony were properly presented to the jury and we see no reason to disturb its findings ( People v. Gaimari, 176 N.Y. 84, 94).

We perceive no abuse of sentencing discretion.

Concur — Rosenberger, J. P., Ellerin, Nardelli, Williams and Andrias, JJ.