People v. Nichols
Opinion of the Court
Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, grand larceny in the third degree (Penal Law former § 155.35) and criminal possession of stolen property in the third degree (§ 165.50). We reject defendant’s contention that County Court erred in refusing to suppress an in-court identification of defendant based on an unduly suggestive photo array identification procedure. The People met their burden of establishing the reasonableness of the police
Defendant failed to renew his motion for a trial order of dismissal after presenting evidence, and thus he failed to preserve for our review his contention that the conviction is not supported by legally sufficient evidence (see People v Hines, 97 NY2d 56, 61 [2001], rearg denied 97 NY2d 678 [2001]; People v Pearson, 26 AD3d 783 [2006], lv denied 6 NY3d 851 [2006]). In any event, that contention is without merit (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Present — Smith, J.P, Garni, Lindley, Sconiers and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.