People v. Bogan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant contends that the victim’s identification of him as the perpetrator of the crime was unreliable and that his guilt was not proven beyond a reasonable doubt. Upon the exercise of our factual review power, we are satisfied to the contrary that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). During the course of the robbery, the victim was seated in an automobile in close proximity to his assailant for approximately 20 to 30 minutes under adequate lighting. He, therefore, had a sufficient basis to support his in-court identification testimony (see,…
2Cases cited3 opinions
- In re PadillaNew York Court of Appeals · 1986
- People v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MonacoAppellate Division of the Supreme Court of the State of New York · 1983