People v. Stallings

Appellate Division of the Supreme Court of New York

People v. Stallings

74 A.D.3d 456, 901 N.Y.S.2d 520

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

DecidedJune 3, 2010

StatusPublished

This text of 74 A.D.3d 456 (People v. Stallings) 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. Stallings, 74 A.D.3d 456, 901 N.Y.S.2d 520 (N.Y. Ct. App. 2010).

Pincite

Opinion

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), entered December 5, 2008, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him to an aggregate term of 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the juiy’s determinations concerning identification and credibility. The victim’s identification was supported by credible testimony that defendant boasted about the crime to the codefendant’s mother.

The court properly denied defendant’s motion to suppress identification testimony. The record, including the lineup photograph, supports the court’s finding that the lineup was not unduly suggestive. The lineup participants were sufficiently similar, and none of the differences between defendant and the others, when viewed in light of the description given by the victim, created a substantial likelihood that defendant would be singled out for identification (see People v Jackson, 98 NY2d 555, 558-559 [2002]).

We perceive no basis for reducing the sentence. Concur— [457]*457Friedman, J.P., Nardelli, Moskowitz, Freedman and Manzanet-Daniels, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), entered December 5, 2008, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him to an aggregate term of 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the juiy’s determinations concerning identification and credibility. The victim’s identification was supported by credible testimony that defendant boasted about the crime to the codefendant’s mother.

The court properly denied defendant’s motion to suppress identification testimony. The record, including the lineup photograph, supports the court’s finding that the lineup was not unduly suggestive. The lineup participants were sufficiently similar, and none of the differences between defendant and the others, when viewed in light of the description given by the victim, created a substantial likelihood that defendant would be singled out for identification (see People v Jackson, 98 NY2d 555, 558-559 [2002]).

We perceive no basis for reducing the sentence. Concur— [457]*457Friedman, J.P., Nardelli, Moskowitz, Freedman and Manzanet-Daniels, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

74 A.D.3d 456, 901 N.Y.S.2d 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stallings-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack