People v. Parrish
Opinion of the Court
Appeal by the de
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Calabria, 3 NY3d 80, 82 [2004]). Although the complainant was subjected to suggestive photographic array procedures, he had an independent source for his in-court identification of the defendant (see People v Dell, 11 AD3d 631 [2004]; People v Paris, 2 AD3d 881 [2003]). In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]), since the complainant’s identification testimony was not inherently incredible or unworthy of belief.
The County Court properly charged the jury on avoidance of police as consciousness of guilt (see People v Yazum, 13 NY2d 302, 304 [1963]; People v Robinson, 10 AD3d 696 [2004]; People v Guthrie, 157 AD2d 668, 670 [1990]; CJI2d[NY] Consciousness of Guilt). The prosecutor’s related comment during summation constituted fair comment on the evidence (see People v Ashwal, 39 NY2d 105, 109 [1976]; People v Holland, 174 AD2d 508 [1991]).
The hearing court properly denied that branch of the defendant’s omnibus motion which was to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial (see CPL 30.30). At the hearing, the People established that sufficient time was excludable because the de
Case-law data current through December 31, 2025. Source: CourtListener bulk data.