People v. Cherny
Appellate Division of the Supreme Court of the State of New York
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
- People v. GissendannerNew York Court of Appeals · 1979
- People v. TasNew York Court of Appeals · 1980
- People v. LaureyAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BoydAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by6 opinions
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- People v. CobianAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BudhaiAppellate Division of the Supreme Court of the State of New York · 1992
- People v. SmallAppellate Division of the Supreme Court of the State of New York · 2019
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