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People v. Muniz

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1991
174 A.D.2d 635 (N.Y. App. Div. 1991)

Opinion

June 10, 1991

Appeal from the County Court, Nassau County (Thorp, J.).


Ordered that the judgment is affirmed.

We reject the defendant's contention that the hearing court erred in refusing to suppress the lineup identification testimony of the witnesses. The court's determination that the lineup was fair and nonsuggestive is supported by the record, and we see no basis for disturbing that determination (see, People v Prochilo, 41 N.Y.2d 759; People v Gairy, 116 A.D.2d 733). The fact that the lineup contained more than one perpetrator did not render the identification improper (see, People v Cicero, 119 A.D.2d 687; see also, People v Garcia, 153 A.D.2d 951).

We further find that the photographs of the dead victim were properly admitted into evidence, since they were introduced on the issue of intent, and not for the sole purpose of arousing the emotions of the jury (see, People v Pobliner, 32 N.Y.2d 356, 369-370, cert denied 416 U.S. 905; People v Stroh, 111 A.D.2d 196).

We have examined the defendant's remaining contentions and find them to be either without merit, or, to the extent that any error may have occurred, harmless in light of the overwhelming evidence of the defendant's guilt (see, People v Roopchand, 65 N.Y.2d 837; People v Crimmins, 36 N.Y.2d 230). Mangano, P.J., Kooper, Harwood and Balletta, JJ., concur.


Summaries of

People v. Muniz

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1991
174 A.D.2d 635 (N.Y. App. Div. 1991)
Case details for

People v. Muniz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMAS MUNIZ, Appellant

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

Date published: Jun 10, 1991

Citations

174 A.D.2d 635 (N.Y. App. Div. 1991)

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