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169 A.D.2d 595

People v. Robles

Appellate Division of the Supreme Court of the State of New York · decided 1991-01-29

Decided 1991-01-29

¶1Judgment, Supreme Court, Bronx County (William T. Martin, J.), rendered April 20, 1988, convicting defendant, after a jury trial, of grand larceny in the fourth degree and sentencing him, as a predicate felon, to a term of from 2 to 4 years’ imprisonment, unanimously affirmed.

¶2We reject defendant’s claim that the identification testimony was insufficient to establish his guilt beyond a reasonable doubt. The circumstances surrounding both the complainant’s and the police officers’ identification of defendant were fully explored on cross-examination and during summation. The jury credited the identification testimony, and we discern no reason to disturb its conclusion on appeal. (People v Mosley, 112 AD2d 812, affd 67 NY2d 985.) Furthermore, there was nothing impermissibly suggestive in connection with complainant’s showup identification, which occurred 7 to 10 minutes after the commission of the crime, a short distance away from the crime scene. (People v Love, 57 NY2d 1023.)

¶3Defendant failed to preserve for review his arguments with respect to the court’s charge. In any event, we find the charge *596aptly stated the legal principles applicable to the case. Concur —Murphy, P. J., Carro, Kupferman, Asch and Kassal, JJ.

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