People v. Avent, 2001-09811.
| Decision Date | 02 May 2006 |
| Docket Number | 2001-09811. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REUBEN AVENT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the photo array from which an eyewitness identified him was not unduly suggestive. The participants in the photo array were similar enough to the defendant in age and general appearance that there was little likelihood he would be singled out for identification based on particular characteristics (see People v Ragunauth, 24 AD3d 472 [2005], lv denied 6 NY3d 779 [2006]; People v Maffei, 13 AD3d 394 [2004]; People v Wright, 297 AD2d 391 [2002]; People v Price, 256 AD2d 596 [1998]). Moreover, the hearing testimony established that the eyewitness was sufficiently familiar with the defendant that his photographic identification was confirmatory (see People v Lima, 2 AD3d 754 [2003]; People v Jones, 286 AD2d 511 [2001]; People v Rodriguez, 282 AD2d 693 [2001]; People v Spaulding, 271 AD2d 463 [2000]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
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