People v. Gutierrez

Judgment, Supreme Court, Bronx County (Joseph Mazur, J.), rendered May 10, 1994, convicting defendant, after a jury trial, of robbery in the first degree and attempted robbery in the first degree, and sentencing him to concurrent terms of 8 to 16 years and to 7 years, respectively, unanimously affirmed.

The hearing court properly found that the People established by clear and convincing evidence that there was an independent source for the identification of defendant at trial. At the independent source hearing, the witness testified that he had had an unobstructed view of defendant and…