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PEOPLE v. ORTIZ

292 A.D.2d 307 (2002)

741 N.Y.S.2d 195

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE ORTIZ, Appellant.

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

Decided March 28, 2002.

The record supports the court's finding that there had been an independent source for the police officers' identification of defendant. There is no basis upon which to disturb the court's determinations concerning credibility (see, People v Prochilo, 41 N.Y.2d 759, 761). Viewing the hearing evidence as a whole and weighing all relevant factors, most notably the officers' ample opportunity to observe defendant during the commission...

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