Legal Opinion
People v. Benitez
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1990PublishedCited by 8 opinions
1Opinion of the Court
Judgment of the Supreme Court, Bronx County (David Levy, J.), rendered April 8, 1987, convicting defendant, after a nonjury trial, of robbery in the second degree (Penal Law § 160.10 [1]) and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of from 4 to 8 years, unanimously affirmed.
*101On appeal, defendant claims that the identification testimony should have been suppressed. Great weight must be accorded the determination of the hearing court, with its particular advantage of having seen and heard the witnesses (People v Prochilo, 41 NY2d 759, 761), and its…
2Cases cited4 opinions
- United States v. WadeSupreme Court of the United States · 1967
- People v. RahmingNew York Court of Appeals · 1970
- People v. SamuelsNew York Court of Appeals · 1980
- People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by8 opinions
- People v. NievesAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MaylorAppellate Division of the Supreme Court of the State of New York · 1992
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GotayAppellate Division of the Supreme Court of the State of New York · 1992
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1991
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