People v. Padilla
Opinion of the Court
—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered May 26, 1992, convicting defendant, after a jury trial, of two counts of robbery in the first degree, one count of attempted robbery in the first degree, two counts of robbery in the second degree, and one count of attempted robbery in the second degree, and sentencing him, respectively, to two terms of 3 to 9 years, and one term of 2 to 6 years, to be served consecutively to each other and concurrently with three additional concurrent terms of 2 to 6 years, unanimously affirmed.
Defendant’s motion to suppress identification testimony was properly denied. Defendant was not entitled to be surrounded by lineup participants of nearly identical appearance (People v Chipp, 75 NY2d 327, 336, cert denied 498 US 833), and the record does not support an inference that the clothing worn by defendant at the lineup was sufficiently distinctive to render the lineup unfair.
Defendant’s remaining challenges to the court’s charge are unpreserved and we decline to review them in the interest of justice. Finally, we perceive no abuse of sentencing discretion. Concur—Sullivan, J. P., Carro, Ellerin, Asch and Tom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.