Appellate Division of the Supreme Court of New York, 1990

People v. Dixon

People v. Dixon
Appellate Division of the Supreme Court of New York · Decided February 5, 1990
158 A.D.2d 467; 550 N.Y.S.2d 915; 1990 N.Y. App. Div. LEXIS 1254
People v. Dixon

Opinion of the Court

Assuming, arguendo, that there is merit to the defendant’s contention that the lineup at which he was identified by the complainant was suggestive, we find, as did the hearing court, that there was an independent basis for the in-court identification. During the course of the robbery, the complainant observed the defendant’s face for approximately 20 seconds and, although it was 3:00 A.M., there was a streetlight in the immediate vicinity which illuminated the scene well enough for her to see him (see, People v Rosario, 155 AD2d 563; People v Sorenson, 112 AD2d 1016, 1017; People v Washington, 111 AD2d 418, 419).

We have considered the defendant’s remaining contentions and find that they do not require reversal. Mangano, J. P., Kunzeman, Eiber and Kooper, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.