People v. Espiritu

Appellate Division of the Supreme Court of New York

People v. Espiritu

1 A.D.3d 205, 767 N.Y.S.2d 218, 2003 N.Y. App. Div. LEXIS 11920

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

DecidedNovember 18, 2003

StatusPublished

Cited by1 cases

This text of 1 A.D.3d 205 (People v. Espiritu) 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. Espiritu, 1 A.D.3d 205, 767 N.Y.S.2d 218, 2003 N.Y. App. Div. LEXIS 11920 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Michael Obus, J.), rendered October 23, 2000, convicting defendant, after a jury trial, of murder in the second degree, assault in the first degree, assault in the second degree (two counts), and criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 25 years to life, unanimously affirmed.

Defendant’s motion to suppress identification evidence was properly denied. The record, which includes the photographs of the lineup, supports the court’s finding that the lineup participants were sufficiently similar in appearance so that defendant was not singled out for identification (see People v Chipp, 75 NY2d 327, 336 [1990], cert denied 498 US 833 [1990]). The lineup photographs show that age, height and weight differences among the lineup participants were barely noticeable.

Were we to find any error in the court’s preclusion of certain misidentification evidence offered by defendant, we would find the error to be harmless because this evidence was cumulative of similar evidence that was received at trial and the evidence of defendant’s guilt was overwhelming. Concur—Saxe, J.R, Sullivan, Rosenberger, Friedman and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Michael Obus, J.), rendered October 23, 2000, convicting defendant, after a jury trial, of murder in the second degree, assault in the first degree, assault in the second degree (two counts), and criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 25 years to life, unanimously affirmed.

Defendant’s motion to suppress identification evidence was properly denied. The record, which includes the photographs of the lineup, supports the court’s finding that the lineup participants were sufficiently similar in appearance so that defendant was not singled out for identification (see People v Chipp, 75 NY2d 327, 336 [1990], cert denied 498 US 833 [1990]). The lineup photographs show that age, height and weight differences among the lineup participants were barely noticeable.

Were we to find any error in the court’s preclusion of certain misidentification evidence offered by defendant, we would find the error to be harmless because this evidence was cumulative of similar evidence that was received at trial and the evidence of defendant’s guilt was overwhelming. Concur—Saxe, J.R, Sullivan, Rosenberger, Friedman and Gonzalez, JJ.

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Bluebook (online)

1 A.D.3d 205, 767 N.Y.S.2d 218, 2003 N.Y. App. Div. LEXIS 11920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-espiritu-nyappdiv-2003.

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