People v. Cruz

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J, at suppression hearing; Bruce Allen, J., at jury trial and sentence), rendered June 17, 2005, convicting defendant of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of 25 years to life, unanimously affirmed.

The court properly denied defendant’s motion to suppress the identification testimony of an eyewitness. The witness’s lineup identification was not unduly suggestive. The record supports the court’s factual determination (see People v Prochilo, 41…