People v. Burks
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County (Carey, J.), rendered July 18, 1988, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.
Ordered that the judgment is affirmed.
The defendant contends that the identification testimony of two eyewitnesses should have been suppressed because the People failed to provide the notice required by CPL 710.30 (1) (b). Initially we note that the defendant waived the notice
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). The complainant testified that he was awakened by noise in his apartment and saw the defendant descending the stairs carrying his television set. Balletta, J. P., Miller, O’Brien and Ritter, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.