PEOPLE v. LOCENITT

2013-07440, Ind. No. 8956/10.

157 A.D.3d 905 (2018)

66 N.Y.S.3d 908

2018 NY Slip Op 00439

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIAZA LOCENITT, Appellant.

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

Decided January 24, 2018.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating so much of the sentence as imposed a fine in the sum of $5,000; as so modified, the judgment is affirmed.

The defendant's contention that certain identification testimony should have been suppressed because the process of assembling and presenting a particular photo array to the complainant was unduly suggestive is unpreserved for appellate review (see CPL...

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