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PEOPLE v. RODRIGUEZ

47 A.D.3d 417 (2008)

849 N.Y.S.2d 232

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENE RODRIGUEZ, Appellant.

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

Decided January 3, 2008.

The court properly denied, without a hearing, defendant's motion to suppress identification testimony. There was no need for a hearing pursuant to People v Rodriguez (79 N.Y.2d 445 [1992]). Defendant never disputed the People's assertion, set forth in opposition to defendant's omnibus motion, that defendant was sufficiently known to the victim so as to render the photo identification merely confirmatory (see People v Estrada,...

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