People v. Delamota
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.), rendered February 13, 2008, convicting him of robbery in the first degree, criminal possession of a weapon in the third degree, and menacing in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Grosso, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, he failed to show that the evidence adduced at trial constituted additional pertinent facts which could not have been discovered by him with reasonable diligence before the determination of that branch of his omnibus motion which was to suppress identification evidence and which would have materially affected that determination (see CPL 710.40 [4]; People v Clark, 88 NY2d 552, 555 [1996]; People v Fuentes, 53 NY2d 892, 894 [1981]). Accordingly, under the circumstances present here, the trial court did not improvidently exercise its discretion in denying the defendant’s motion, made during trial, for leave to renew that branch of his omnibus motion which was to suppress identification testimony (see People v Rhodes, 60 AD3d 705 [2009]; People v Robinson, 280 AD2d 687, 687 [2001]; People v Kidd, 247 AD2d 269, 269 [1998]; People v Ferguson, 237 AD2d 187, 188 [1997]; People v Rosa, 231 AD2d 534, 536 [1996]; People v DeJesus, 222 AD2d 449, 450 [1995]; see generally People v Whiting, 35 AD3d 637, 638 [2006]; People v Scarpetta, 11 AD3d 490, 491 [2004]).
Viewing the evidence in the light most favorable to the prose
Furthermore, the trial court did not err in declining to declare the defendant’s first witness hostile during defense counsel’s direct examination inasmuch as the witness was neither unwilling nor reluctant to testify (see People v Forte, 70 AD3d 963, 964 [2010]; People v Marshall, 220 AD2d 692, 693 [1995]).
The defendant was not deprived of the effective assistance' of counsel. “The record in this case demonstrates that defense counsel effectively cross-examined the People’s witnesses, presented an alibi defense, and made competent opening and closing statements which were consistent with that defense” (People v Pollard, 220 AD2d 463, 464 [1995]; see People v Ryan, 90
The defendant’s remaining contentions are unpreserved for appellate review. Skelos, J.P., Santucci, Dickerson and Leventhal, JJ., concur. [Prior Case History: 18 Misc 3d 1130(A), 2008 NY Slip Op 50244(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.