Opinion
2014-06-13
The PEOPLE of the State of New York, Respondent, v. Jaquon SNELL, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of Counsel), for Respondent.
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS AND DeJOSEPH, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15[4] ). We reject defendant's contention that Supreme Court erred in refusing to suppress an identification of defendant based on an allegedly suggestive photo array identification procedure conducted by the police. The People met their initial burden of establishing the reasonableness of the police conduct at issue, and defendant failed to meet his ultimate burden of proving that the identification procedure was unduly suggestive ( see People v. Alston, 101 A.D.3d 1672, 1672–1673, 956 N.Y.S.2d 757;see generally People v. Chipp, 75 N.Y.2d 327, 335, 553 N.Y.S.2d 72, 552 N.E.2d 608,cert. denied498 U.S. 833, 111 S.Ct. 99, 112 L.Ed.2d 70). Contrary to defendant's further contention, the sentence is not unduly harsh and severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.