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PEOPLE v. MATTHEWS

3364, 1460/07.

77 A.D.3d 493 (2010)

908 N.Y.S.2d 583

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANTE MATTHEWS, Appellant.

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

Decided October 19, 2010.

The court properly denied defendant's suppression motion. The officer's testimony and the reasonable inferences that may be drawn therefrom were sufficient to satisfy the People's minimal burden of producing some proof of the circumstances of the identification procedure (see People v Ortiz, 90 N.Y.2d 533, 538 [1997]). In any event, any error in admitting identification testimony by the witness at issue was harmless in light...

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