People v. Cotto
Cases that cite this one
4 later published cases cite this decision.
- People v. Small (Appellate Division of the Supreme Court of New York 2013)
- People v. Small (Appellate Division of the Supreme Court of New York 2013)
- People v. Paris (Appellate Division of the Supreme Court of New York 2003)
- People v. Gashi (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered April 7, 1998, convicting him of robbery in the first degree and resisting arrest, 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 in-court identification testimony was improper because it was based upon impermissibly suggestive pretrial identification procedures. An in-court identification of a defendant by an eyewitness is proper, notwithstanding unduly suggestive pretrial identification procedures, where it is based upon the eyewitness’s independent observation of the defendant (see, People v Brown, 187 AD2d 662, 663). There was sufficient evidence at the independent source hearing to support a determination that the eyewitness had an adequate opportunity to observe the defendant, and thus the in-court identification was proper.
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Ritter, J. P., Altman, Schmidt and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.