People v. Gray
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hutcherson, J.), rendered June 8, 1984, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of the defendant’s motion to suppress identification testimony.
Judgment affirmed.
We agree with the hearing court’s finding that the police identification procedures were not in any sense suggestive so as to create a substantial likelihood of misidentification. In any event, during the commission of the crime, the victim had sufficient opportunity to observe her assailant so as to establish an independent basis for her in-court identification (see, People v Adams, 53 NY2d 241; People v Smalls, 112 AD2d 173; People v Smallwood, 99 AD2d 819).
We find no merit to the defendant’s contention that the
The sentence imposed by the court was not unduly harsh. We have reviewed the defendant’s remaining contentions and find them to be without merit. Bracken, J. P., Niehoff, Lawrence and Kunzeman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.