People v. Bogan
Opinion of the Court
The defendant contends that the victim’s identification of him as the perpetrator of the crime was unreliable and that his guilt was not proven beyond a reasonable doubt. Upon the exercise of our factual review power, we are satisfied to the contrary that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). During the course of the robbery, the victim was seated in an automobile in close proximity to his assailant for approximately 20 to 30 minutes under adequate lighting. He, therefore, had a sufficient basis to support his in-court identification testimony (see, People v Monaco, 93 AD2d 823).
The Trial Judge’s refusal to strike testimony regarding a gun which was excluded from evidence was not prejudicial to
We have examined the defendant’s remaining contentions, and find them to be without merit. Thompson, J. P., Brown, Weinstein and Harwood, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.