People v. Dukes

Judgment unanimously af*960firmed. Memorandum: On appeal from a judgment convicting him of petit larceny, defendant contends that the court erred in refusing to suppress a witness’s in-court identification testimony; that the court erred in refusing to permit the jury to determine whether defendant’s postarrest statement was voluntarily made; that his sentence is illegal; and that his sentence is harsh and excessive. None of defendant’s claims has merit.

The record supports the hearing court’s determination that the witness had an independent basis for his identification of defendant. The…