PEOPLE v. SMITH


134 A.D.2d 382 (1987)

The People of the State of New York, Respondent, v. Robert Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 9, 1987


Ordered that the judgment, as amended, is affirmed.

The defendant's contention that the complainant's identification was tainted by "important inconsistencies" and therefore should have been suppressed is based erroneously upon the complainant's trial testimony. As this court has recently noted "[t]he propriety of a denial of a motion to suppress `must be judged on the evidence before the suppression court'" (People v King, 121 A.D.2d 471<...

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