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People v. Cruz

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 1990
167 A.D.2d 306 (N.Y. App. Div. 1990)

Opinion

November 27, 1990

Appeal from the Supreme Court, Bronx County, Ira Globerman, J.


An eyewitness was unable to identify defendant in a photo array two months after the commission of the crimes for which defendant was convicted. Nevertheless she was permitted to make an in-court identification of defendant at trial, some two years later. We believe the testimony was properly admitted, and that the prior inability to identify defendant related to the weight, and not the admissibility, of the testimony (People v. McCullers, 40 A.D.2d 796, affd. 33 N.Y.2d 806).

We find no merit to defendant's claim that the court abused its discretion in imposing the maximum sentence.

Concur — Ross, J.P., Milonas, Rosenberger, Asch and Kassal, JJ.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 1990
167 A.D.2d 306 (N.Y. App. Div. 1990)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX CRUZ, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 27, 1990

Citations

167 A.D.2d 306 (N.Y. App. Div. 1990)
562 N.Y.S.2d 51

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