People v. Garry
| Decision Date | 03 February 2000 |
| Citation | 703 N.Y.S.2d 437,269 A.D.2d 158 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>EDWARD GARRY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Concur — Sullivan, J. P., Williams, Mazzarelli, Wallach and Lerner, JJ.
The verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning identification and credibility.
Defendant's suppression motion was properly denied. The multiple photo identification procedures were not inherently suggestive (see, People v Chapman, 161 AD2d 1156, lv denied 76 NY2d 854), and the fact that each viewing involved hundreds of photographs minimized the possibility of suggestiveness. The record supports the court's finding that a witness's identification of defendant was not influenced by the presence of the witness's father, a nonidentifying witness.
The court's Sandoval ruling was a proper exercise of discretion, which properly balanced the probative value of defendant's prior convictions against their prejudicial effect (see, People v Walker, 83 NY2d 455, 459; People v Mattiace, 77 NY2d 269, 275-276; People v Pavao, 59 NY2d 282, 292).
We perceive no abuse of sentencing discretion.
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People v. Ashby, 00-02309
...of her husband, a non-identifying witness, who sat next to her as she viewed the photographs, is also without merit (see, People v. Garry, 269 A.D.2d 158; cf., People v. Leite, 52 A.D.2d The lineup identification procedure conducted by the police was not unduly suggestive. The photograph ta......
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People v. Stevenson
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