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People v. Radcliffe

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 2005
23 A.D.3d 301 (N.Y. App. Div. 2005)

Summary

holding that a lineup identification was not unduly suggestive where the physical disparities between the individuals in a lineup were "minimal and did not draw undue attention to defendant"

Summary of this case from Davenport v. City of New York

Opinion

7151.

November 22, 2005.

Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered July 10, 2003, as amended September 25, 2003, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the second degree and assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years and 7 years, respectively, unanimously affirmed.

Laura R. Johnson, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jennifer Marinaccio of counsel), for respondent.

Before: Saxe, J.P., Marlow, Ellerin, Gonzalez and McGuire, JJ., concur.


The court properly denied defendant's suppression motion in all respects. When the victim identified defendant's photo from an array, this provided the police with probable cause to arrest defendant ( see People v. Palacio, 121 AD2d 282, 283, lv denied 68 NY2d 916). We reject defendant's argument that this identification was insufficiently reliable to establish probable cause. Although at the time of the identification the victim was hospitalized and under the influence of medication, the detective testified that the victim was lucid and that he unequivocally identified defendant's photo ( cf. People v. Gloster, 175 AD2d 258, 262, lv denied 78 NY2d 1011). The victim's subsequent lineup identification was not unduly suggestive. The record establishes that any physical disparities between defendant and the other lineup participants were minimal and did not draw undue attention to defendant ( see People v. Chipp, 75 NY2d 327, 336, cert denied 498 US 833). The lineup identification was not rendered infirm because the victim had seen a composite sketch that bore a resemblance to defendant.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490). There is no basis for disturbing the court's determinations concerning identification and credibility.

We perceive no basis for reducing the sentence.


Summaries of

People v. Radcliffe

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 2005
23 A.D.3d 301 (N.Y. App. Div. 2005)

holding that a lineup identification was not unduly suggestive where the physical disparities between the individuals in a lineup were "minimal and did not draw undue attention to defendant"

Summary of this case from Davenport v. City of New York
Case details for

People v. Radcliffe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY RADCLIFFE…

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

Date published: Nov 22, 2005

Citations

23 A.D.3d 301 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8886
808 N.Y.S.2d 22

Citing Cases

Davenport v. City of New York

See Stansbury, 721 F.3d at 91 n.5 (explaining that identifications from photographic arrays are entitled to…

People v. Radcliffe

February 24, 2006. Appeal from 1st Dept: 23 AD3d 301 (Bronx). Application in criminal case for leave to…