People v. Carrillo

Appellate Division of the Supreme Court of New York

People v. Carrillo

204 A.D.2d 170, 614 N.Y.S.2d 113, 1994 N.Y. App. Div. LEXIS 5352

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 17, 1994

StatusPublished

This text of 204 A.D.2d 170 (People v. Carrillo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Carrillo, 204 A.D.2d 170, 614 N.Y.S.2d 113, 1994 N.Y. App. Div. LEXIS 5352 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, Bronx County (Bonnie Wittner, J.), rendered December 15, 1992, convicting defendant, after a jury trial, of [171]*171attempted murder in the second degree, attempted assault in the first degree, and criminal possession of a weapon in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent prison terms of 15 years to life, 10 years to life, and 10 years to life, respectively, to run consecutively to a prior sentence imposed in Puerto Rico, unanimously affirmed.

Defendant’s claim regarding CPL 60.25 is unpreserved for review (People v Morton, 189 AD2d 488, 495), and we decline to review it in the interest of justice. Were we to review it we would find it without merit. The identification testimony of the two eyewitnesses, who were unable to positively identify defendant at trial, satisfied all the requirements of CPL 60.25 and was thus properly admitted into evidence. Concur—Ellerin, J. P., Ross, Nardelli and Williams, JJ.

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—Judgment, Supreme Court, Bronx County (Bonnie Wittner, J.), rendered December 15, 1992, convicting defendant, after a jury trial, of [171]*171attempted murder in the second degree, attempted assault in the first degree, and criminal possession of a weapon in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent prison terms of 15 years to life, 10 years to life, and 10 years to life, respectively, to run consecutively to a prior sentence imposed in Puerto Rico, unanimously affirmed.

Defendant’s claim regarding CPL 60.25 is unpreserved for review (People v Morton, 189 AD2d 488, 495), and we decline to review it in the interest of justice. Were we to review it we would find it without merit. The identification testimony of the two eyewitnesses, who were unable to positively identify defendant at trial, satisfied all the requirements of CPL 60.25 and was thus properly admitted into evidence. Concur—Ellerin, J. P., Ross, Nardelli and Williams, JJ.

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Bluebook (online)

204 A.D.2d 170, 614 N.Y.S.2d 113, 1994 N.Y. App. Div. LEXIS 5352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carrillo-nyappdiv-1994.

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