Opinion
October 6, 1998
Appeal from the Supreme Court, New York County (Carol Berkman, J., at hearing; Richard Carruthers, J., at jury trial and sentence).
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). We see no reason to disturb the jury's findings concerning reliability of identification testimony.
Defendant's motion to suppress statements was properly denied since the record establishes that defendant could not have reasonably believed that she was in custody at the time ( People v. Yukl, 25 N.Y.2d 585, cert. denied 400 U.S. 851).
Concur — Rosenberger, J. P., Ellerin, Wallach and Williams, JJ.