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PEOPLE v. O'BRIEN

240 A.D.2d 212 (1997)

658 N.Y.S.2d 881

The People of the State of New York, Respondent, v. Andrew O'Brien, Appellant

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

June 10, 1997

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Discrepancies in the identification testimony presented factual questions for the jury, and we see no reason to disturb its determinations (People v Jenkins, 174 A.D.2d 379, lv denied 78 N.Y.2d 968).

Defendant's motion to suppress identification testimony was properly denied. None of the procedures was "so unnecessarily...

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