People v. Reeves

Appellate Division of the Supreme Court of New York

People v. Reeves

120 A.D.2d 621, 502 N.Y.S.2d 230, 1986 N.Y. App. Div. LEXIS 56714

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

DecidedMay 12, 1986

StatusPublished

Cited by6 cases

This text of 120 A.D.2d 621 (People v. Reeves) 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. Reeves, 120 A.D.2d 621, 502 N.Y.S.2d 230, 1986 N.Y. App. Div. LEXIS 56714 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered March 22, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to the defendant’s claim, his guilt was proven beyond a reasonable doubt. We further reject the defendant’s claim that the court erred in not making a threshold inquiry into the reliability of the identification testimony, inasmuch as the accuracy of identification testimony presents an issue of fact for jury resolution, and may not be determined on a motion to suppress (see, People v Dukes, 97 AD2d 445). The defendant’s objections to the trial court’s charge are unpreserved for appellate review. In any event, the charge on intent was correct (see, People v Getch, 50 NY2d 456), and the court properly charged the jury with respect to the lesser included offense of manslaughter in the first degree (see, CPL 300.50 [1]). Fiber, J. P., Kunzeman, Kooper and Spatt, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered March 22, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to the defendant’s claim, his guilt was proven beyond a reasonable doubt. We further reject the defendant’s claim that the court erred in not making a threshold inquiry into the reliability of the identification testimony, inasmuch as the accuracy of identification testimony presents an issue of fact for jury resolution, and may not be determined on a motion to suppress (see, People v Dukes, 97 AD2d 445). The defendant’s objections to the trial court’s charge are unpreserved for appellate review. In any event, the charge on intent was correct (see, People v Getch, 50 NY2d 456), and the court properly charged the jury with respect to the lesser included offense of manslaughter in the first degree (see, CPL 300.50 [1]). Fiber, J. P., Kunzeman, Kooper and Spatt, JJ., concur.

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Bluebook (online)

120 A.D.2d 621, 502 N.Y.S.2d 230, 1986 N.Y. App. Div. LEXIS 56714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reeves-nyappdiv-1986.

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