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People v. Young

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1987
133 A.D.2d 656 (N.Y. App. Div. 1987)

Opinion

October 5, 1987

Appeal from the Supreme Court, Kings County (Clemente, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the complainant's identification testimony should have been suppressed due to the alleged suggestiveness of the photographic identification procedures is without merit. We agree with the hearing court's determination that the People clearly established an independent basis for both the in-court and lineup identifications (see, People v. Adams, 53 N.Y.2d 241; People v. Watkins, 121 A.D.2d 583, lv denied 68 N.Y.2d 918; People v. Lynch, 117 A.D.2d 823, lv denied 68 N.Y.2d 670). The complainant had ample opportunity to observe the defendant's unique features at close range throughout the 1 1/2-hour incident. Furthermore, in view of the overwhelming evidence of guilt, including both direct and circumstantial evidence of identity, admission of evidence which implicitly bolstered the identification testimony was harmless error (see, People v. Johnson, 57 N.Y.2d 969; People v. Mobley, 56 N.Y.2d 584). Weinstein, J.P., Rubin, Kunzeman and Kooper, JJ., concur.


Summaries of

People v. Young

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1987
133 A.D.2d 656 (N.Y. App. Div. 1987)
Case details for

People v. Young

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOE YOUNG, Appellant

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

Date published: Oct 5, 1987

Citations

133 A.D.2d 656 (N.Y. App. Div. 1987)

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