Legal Opinion

People v. Cherny

Appellate Division of the Supreme Court of the State of New York

Decided January 30, 1992PublishedCited by 6 opinions

1Opinion of the Court

— Mercure, J.

Convicted after trial of various counts of burglary and assault as the result of a brutal attack on two elderly victims, defendant appeals, challenging only County Court’s determination that the victims’ photographic identification of defendant was merely confirmatory and as such did not trigger the notice provisions of CPL 710.30. We affirm.

In sharp contrast to defendant’s contention that the victims’ prior relationship with defendant was "fleeting and distant”, the proof adduced before the Grand Jury and at trial established that defendant had lived in the victims’ neighborhood…

2Cases cited5 opinions

  1. People v. GissendannerNew York Court of Appeals · 1979
  2. People v. TasNew York Court of Appeals · 1980
  3. People v. LaureyAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. BoydAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by6 opinions

  1. People v. CrissAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. QuesnelAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. CobianAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. BudhaiAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. SmallAppellate Division of the Supreme Court of the State of New York · 2019

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