People v. Wright

Decision Date20 November 1995
Citation633 N.Y.S.2d 833,221 A.D.2d 577
PartiesThe PEOPLE, etc., Respondent, v. Dale WRIGHT, Appellant.
CourtNew York Supreme Court — Appellate Division

Sally Wasserman, New York City, for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Jane S. Meyers, and Yasmin Aziz, of counsel), for respondent.

Before THOMPSON, J.P., and ALTMAN, KRAUSMAN and GOLDSTEIN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered April 6, 1994, convicting him of robbery in the first degree (three counts), assault in the first degree, and criminal possession of a weapon in the second degree (four counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Curci, J.), of that branch of the defendant's omnibus motion which was to suppress identification evidence.

ORDERED that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the court improperly participated in the hearing proceeding (see, CPL 470.05[2] ). In any event, the hearing court properly intervened in an effort to clarify the issues and facilitate the expeditious and orderly progress of the proceeding (see, People v. Moulton, 43 N.Y.2d 944, 403 N.Y.S.2d 892, 374 N.E.2d 1243; People v. Dominguez, 210 A.D.2d 249, 620 N.Y.S.2d 257; People v. Harrison, 151 A.D.2d 778, 543 N.Y.S.2d 108). Additionally, the hearing court correctly determined that the showup identification procedure was not unnecessarily suggestive (see, People v. Duuvon, 77 N.Y.2d 541, 569 N.Y.S.2d 346, 571 N.E.2d 654; People v. Dawson, 185 A.D.2d 854, 587 N.Y.S.2d 358).

Also unpreserved for our review is the defendant's contention that his conviction of assault in the first degree should be reduced to assault in the second degree because the evidence was insufficient to support a showing of "serious physical injury" (see, CPL 470.05[2]; People v. Udzinski, 146 A.D.2d 245, 541 N.Y.S.2d 9). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that the testimony of the complainant that the gunshot wound to his shoulder resulted in nerve damage to his right arm causing loss of sensitivity in his right hand was legally sufficient to establish the "protracted loss or impairment of the function of any bodily organ" (Penal Law §§ 10.00[10], 120.10[4];...

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  • People v. Wilson
    • United States
    • New York Supreme Court — Appellate Division
    • July 27, 2016
    ...171 ; People v. McDuffie, 293 A.D.2d 287, 740 N.Y.S.2d 48 ; People v. Moreno, 233 A.D.2d 531, 650 N.Y.S.2d 306 ; People v. Wright, 221 A.D.2d 577, 633 N.Y.S.2d 833 ). Moreover, upon our independent review of the evidence pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt ......
  • People v. Lindsay
    • United States
    • New York Supreme Court — Appellate Division
    • August 19, 2015
    ...(see People v. McLawrence, 114 A.D.3d 964, 983 N.Y.S.2d 806 ; People v. Moreno, 233 A.D.2d 531, 650 N.Y.S.2d 306 ; People v. Wright, 221 A.D.2d 577, 633 N.Y.S.2d 833 ; People v. Meneses, 195 A.D.2d 527, 601 N.Y.S.2d 827 ). Moreover, upon the exercise of our factual review power (see CPL 470......
  • People v. Lindsay
    • United States
    • New York Supreme Court — Appellate Division
    • August 19, 2015
    ...( see People v. McLawrence, 114 A.D.3d 964, 983 N.Y.S.2d 806; People v. Moreno, 233 A.D.2d 531, 650 N.Y.S.2d 306; People v. Wright, 221 A.D.2d 577, 633 N.Y.S.2d 833; People v. Meneses, 195 A.D.2d 527, 601 N.Y.S.2d 827). Moreover, upon the exercise of our factual review power ( seeCPL 470.15......
  • Hutchinson v. Unger
    • United States
    • U.S. District Court — Eastern District of New York
    • July 23, 2012
    ...hand, established "protractedimpairment of health or protracted loss or impairment of the function of any bodily organ"); People v Wright, 633 N.Y.S.2d 833 (1995) (nerve damage to his right arm causing loss of sensitivity in his right hand was legally sufficient to establish the "protracted......
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