NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 8, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JONATHAN CANDO, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (A. Kirke Bartley, J. at suppression hearing; Robert Stolz, J. at jury trial and sentence), rendered March 19, 2008, convicting defendant of robbery in the second degree, and sentencing him to a term of 31/2 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.
Tom, J.P., Nardelli, Renwick, Freedman, Roman, JJ.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). There is no basis for disturbing the jury's determinations concerning identification. The victim had a sufficient opportunity to observe defendant, gave a detailed and accurate description, and made a reliable lineup identification.
The court properly denied defendant's suppression motion. The hearing evidence, including the lineup photographs, establishes that the lineup was not unduly suggestive (see People v Chipp, 75 NY2d 327, 336  cert denied 498 US 833 ). Defendant was not noticeably younger than the other participants, and the police successfully concealed anything distinctive about defendant's hairstyle by having all the participants wear hats.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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