PEOPLE v. MEJIA

4474/11, 10093A, 10093.

176 A.D.3d 509 (2019)

110 N.Y.S.3d 402

2019 NY Slip Op 07481

The People of the State of New York, Respondent, v. Dionis Mejia, Appellant.

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

Decided October 17, 2019.


Attorney(s) appearing for the Case

Myers & Galiardo LLP, New York ( Matthew D. Myers of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Nicole Coviello of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Kapnick, Gesmer, Kern, JJ.


Defendant's legal insufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. There is no basis for disturbing the jury's determinations concerning identification and credibility.

The record supports the court's determination that, notwithstanding an unduly suggestive lineup, the witnesses had an independent source for their in-court identifications of defendant (see Neil v Biggers...

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