PEOPLE v. MONTALVO


269 A.D.2d 328 (2000)

704 N.Y.S.2d 549

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOIS MONTALVO, Appellant.

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

Decided February 29, 2000.


Defendant's suppression motion was properly denied. There was ample basis in the record for the hearing court's determination that the single-photo identification of defendant by a hotel manager who had seen defendant at the hotel on various occasions was confirmatory (see, People v Rodriguez, 79 N.Y.2d 445, 451).

The verdict was based on legally sufficient evidence. There was ample evidence of physical injury, including...

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