PEOPLE v. SETTLES


46 N.Y.2d 154 (1978)

The People of the State of New York, Respondent, v. Martin Settles, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1978.


Attorney(s) appearing for the Case

Russell C. Morea for appellant.

John J. Santucci, District Attorney (Joan L. Craig and Barry A. Schwartz of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

Following a joint trial with codefendant Osborne (Sonny) Boalds, defendant appeals from his judgment of conviction upon a jury verdict for robbery in the first degree (Penal Law, § 160.15). He was sentenced as a predicate felony offender to a term of imprisonment of not less than 10 nor more than 20 years.

The threshold issue we address is whether the identifications made by witnesses at...

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