People v. Flores

275 A.D.2d 667, 713 N.Y.S.2d 352, 2000 N.Y. App. Div. LEXIS 10052

Opinion

—Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered May 19, 1998, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

The court properly denied defendant’s motion to suppress identification testimony. The People clearly established that defendant and the witness who identified him as the perpetrator had a relationship prior to the incident based on their residing in the same apartment, so that suggestiveness was not a concern (see, People v Rodriguez, 79 NY2d 445; People v Tian Zhang, 253 AD2d 693, lv denied 92 NY2d 1039). Concur — Sullivan, P. J., Williams, Ellerin, Wallach and Friedman, JJ.