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PEOPLE v. CATES

245 A.D.2d 31 (1997)

664 N.Y.S.2d 783

The People of the State of New York, Respondent, v. Wesley Cates, Appellant

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

December 4, 1997

There was an independent source for the complainants' in-court identification of defendant, based on their ability to observe him for five minutes, in a well-lit area, while he stood about two feet away from them (see, People v Santos, 202 A.D.2d 258, 259, lv denied 83 N.Y.2d 1007). Defendant's claims regarding the line-up identification are without merit.

The verdict was based on legally sufficient evidence...

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