People v. Sutherland
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered June 7,1984, convicting him of murder in the second degree, attempted murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence adduced at trial in a light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).
Under the totality of the circumstances present here, we are not persuaded that the identification procedure was " 'so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification’ ” (People v Jones, 125 AD2d 333, 334, quoting Simmons v United States, 390 US 377, 384; cf., People v Thomas, 133 AD2d 867, 868).
We have considered the defendant’s remaining contention and find it to be without merit. Mangano, J. P., Bracken, Sullivan and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.