People v. Cruz

Defendants appeal from convictions arising out of a robbery of a female victim. Their primary contention is that a showup identification, made approximately one hour after the commission of the crime, was unduly suggestive and should not have been admitted into evidence. They further argue that the verdict is against the weight of the evidence and that the trial court erred in constructively amending the indictment. The issues raised by defendants are without merit.

In the early morning hours of February 5, 2010, the victim was returning home from work as a nurse’s aide. She exited the subway…