PEOPLE v. GRAJALES


8 N.Y.3d 861 (2007)

864 N.E.2d 596

832 N.Y.S.2d 466

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH GRAJALES, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 2007.


Attorney(s) appearing for the Case

Lisa Napoli, New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Keith Dolan and Leonard Joblove of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge CIPARICK dissents and votes to reverse in an opinion in which Chief Judge KAYE concurs; Judge JONES taking no part.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On February 4, 2003, two men, one of whom displayed a handgun, accosted the victim inside a Brooklyn coffee shop, yanked a gold chain off his neck, rifled his pockets for money and fled with their loot. Later that day at the precinct station house, the police showed the victim two photographic arrays, one of which was a six-photograph array containing a picture...

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