People v. Hooper

Decision Date15 July 1985
Citation491 N.Y.S.2d 766,112 A.D.2d 317
PartiesThe PEOPLE, etc., Respondent, v. Christopher HOOPER, Appellant.
CourtNew York Supreme Court — Appellate Division

Headley & Zeitlin, Brooklyn (Stephen M. Zeitlin, Brooklyn, of counsel; Carol Milder, Brooklyn, on brief), for appellant.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, John Larsen and Janet M. Berk, Brooklyn, of counsel), for respondent.

Before MANGANO, J.P., and GIBBONS, BRACKEN and O'CONNOR, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 25, 1983, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to concurrent indeterminate terms of from 12 1/2 to 25 years and from 5 to 15 years imprisonment, respectively.

Judgment modified, on the law, by reducing the minimum term of the sentence imposed on defendant's conviction of manslaughter in the first degree from12 1/2 years to 8 1/3 years. As so modified, judgment affirmed.

By Kings County Indictment No. 61/83, defendant was charged with murder in the second degree and criminal possession of a weapon in the second degree. The charges arose from the July 14, 1980, shooting death of Jeffrey William Pinder at a playground in Brooklyn. When the police arrived at the scene, the victim's brother, an eyewitness to the crime, stated that he knew the assailant, who was a neighbor residing in the same apartment building as the victim. The eyewitness gave the police the defendant's name, address and description, stating that defendant was the man who had killed his brother. A few days later the police showed the witness a single photograph of the defendant, and he confirmed that defendant was the person who had committed the crime.

The hearing court properly denied defendant's motion to suppress in-court identification of defendant by the eyewitness.

Testimony by the witness amply supports the court's determination that he knew the defendant prior to the incident. Therefore, the police display of a single photograph of the defendant was proper because it did no more than confirm that the right person would be arrested. Under the circumstances, the suggestiveness of the police identification procedures is not sufficient to warrant suppression (see, People v. Tas, 51 N.Y.2d 915, 916, 434 N.Y.S.2d 978, 415 N.E.2d 967; People v. Gissendanner, 48 N.Y.2d 543, 552, 423 N.Y.S.2d 893, 399 N.E.2d 924; People v. Fleming, App.Div., 486 N.Y.S.2d 773).

Based upon the record, we find, contrary to defendant's contention, that his guilt was proven beyond a reasonable doubt. Viewing the evidence in the light most favorable to the People, we find that it was sufficient in both quantity and quality to support the verdict. The testimony of the single eyewitness is sufficient to support the conviction (see, People v. Arroyo, 54 N.Y.2d 567, 578, 446 N.Y.S.2d 910, 431 N.E.2d 271, cert. denied 456 U.S. 979, 102 S.Ct. 2248, 72...

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18 cases
  • People v. Rivera
    • United States
    • New York Supreme Court — Appellate Division
    • 14 d1 Dezembro d1 1987
    ...great weight to the testimony of the eyewitnesses and to reject that of the defendant and his alibi witnesses (see, People v. Hooper, 112 A.D.2d 317, 318, 491 N.Y.S.2d 766; People v. Monaco, 93 A.D.2d 823, 460 N.Y.S.2d 827; see also, People v. Grant, 118 A.D.2d 726, 727, 500 N.Y.S.2d 59, lv......
  • People v. Vasquez
    • United States
    • New York Supreme Court — Appellate Division
    • 18 d1 Julho d1 1988
    ...People v. McCrimmon, 131 A.D.2d 598, 516 N.Y.S.2d 304, lv. dismissed 70 N.Y.2d 714, 519 N.Y.S.2d 1050, 513 N.E.2d 1318; People v. Hooper, 112 A.D.2d 317, 491 N.Y.S.2d 766). It is obvious from the verdict that the jury resolved these issues against the The trial court properly found the evid......
  • People v. Howard
    • United States
    • New York Supreme Court — Appellate Division
    • 18 d1 Setembro d1 1989
    ...denied 456 U.S. 979, 102 S.Ct. 2248, 72 L.Ed.2d 855). We have acknowledged this concept time and time again (see, e.g., People v. Hooper, 112 A.D.2d 317, 491 N.Y.S.2d 766; People v. McCrimmon, 131 A.D.2d 598, 516 N.Y.S.2d 304; People v. Azzara, 138 A.D.2d 495, 525 N.Y.S.2d 890) and, as an a......
  • People v. Knight
    • United States
    • New York Supreme Court — Appellate Division
    • 28 d2 Maio d2 1991
    ...v. Arroyo, 54 N.Y.2d 567, 446 N.Y.S.2d 910, 431 N.E.2d 271, cert. denied 456 U.S. 979, 102 S.Ct. 2248, 72 L.Ed.2d 855; People v. Hooper, 112 A.D.2d 317, 491 N.Y.S.2d 766). Matters of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be d......
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