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People v. Stays

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 585 (N.Y. App. Div. 1999)

Opinion

Argued September 7, 1999

October 28, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.).


ORDERED that the judgment is affirmed.

We find no merit to the defendant's contention that he was arrested without probable cause. The hearing record demonstrates that the arrest was predicated upon the photographic identifications of the defendant by two eyewitnesses (see, People v. Nixon, 240 A.D.2d 764 ; People v. Hill, 212 A.D.2d 632 ). Moreover, the detectives had received information that someone named "Sundula" was involved in the shooting, and were aware that the defendant used that unusual nickname (see, People v. Burton, 194 A.D.2d 683 ;People v. Mitchell, 166 A.D.2d 676 ).

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 (see, CPL 470.15[5]).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review or without merit.

S. MILLER, J.P., O'BRIEN, RITTER, and FLORIO, JJ., concur.


Summaries of

People v. Stays

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 585 (N.Y. App. Div. 1999)
Case details for

People v. Stays

Case Details

Full title:THE PEOPLE, ETC., respondent, v. CURTIS STAYS, appellant

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 585 (N.Y. App. Div. 1999)
697 N.Y.S.2d 307

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