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People v. Wright

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 18, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
NAHINE WRIGHT, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J. at hearing; Daniel P. FitzGerald, J. at plea and sentence), rendered March 3, 2008, convicting defendant of assault in the first degree, and sentencing him, as a second felony offender, to a term of 8 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Catterson, Renwick, DeGrasse, Freedman, JJ.

6795/06

The court properly found, by clear and convincing evidence, that although a lineup had been suppressed on right to counsel grounds, the victim could make an in-court identification of defendant based upon an independent source (see e.g. People v Robinson, 8 AD3d 95 [2004], lv denied 3 NY3d 742 [2004]). There is no basis for disturbing the court's determinations concerning credibility. The victim had seen defendant numerous times in the neighborhood, and had an ample opportunity to observe him during a 20-minute incident that included several conversations between the two men, and ended when defendant shot the victim.

The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090618

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