[Download] "People v. Eugene Harris" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Eugene Harris
- Author : Supreme Court of New York
- Release Date : January 25, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
DECISION & ORDER In this prosecution for a gunpoint robbery of the complainant by the defendant and two accomplices,
the hearing court properly denied suppression of two showup identifications of the defendant by the complainant. The People
met their burden of establishing that the first showup identification, which was spontaneously made by the complainant shortly
after the crime, was not the result of a police arranged identification procedure (see, People v Whisby, 48 N.Y.2d 834; People
v Webster, A.D.2d [2d Dept., Jan. 22, 1991]; People v Rios, 156 A.D.2d 397). The second showup, which subsequently took
place at the station house, was not arranged by the police. In any event, it was merely confirmatory since the complainant
had already spontaneously identified the defendant as one of the robbers (People v Johnson, A.D.2d [2d Dept., Jan. 22, 1991];
People v Griffin, A.D.2d [2d Dept., May 29, 1990]; People v Jackson, 159 A.D.2d 640). Viewing the evidence in the light most favorable to the prosecution (People v Contes, 60 N.Y.2d 620), we find that it was
legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual
review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15[5]).