PEOPLE v. BUSCUNANA


282 A.D.2d 274 (2001)

722 N.Y.S.2d 865

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIN BUSCUNANA, Appellant.

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

Decided April 12, 2001.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification.

Defendant's motion to suppress photographic and lineup identifications was properly denied. The hearing court concluded that the police officers lacked the requisite reasonable suspicion to seize defendant and suppressed the showup that followed his seizure, as well as defendant...

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