PEOPLE v. CANDO

1681, 1153/07

68 A.D.3d 479 (2009)

2009 NY Slip Op 9074

888 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN CANDO, Appellant.

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

Decided December 8, 2009.


The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning identification. The victim had a sufficient opportunity to observe defendant, gave a detailed and accurate description, and made a reliable lineup identification.

The court properly denied defendant's suppression motion. The hearing evidence, including...

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