AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE O. HERNANDEZ, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of attempted rape in the first degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

We are not persuaded by the defendant's contention that the hearing court erred in denying suppression of the showup identification made by the complainant near the scene of the crime. While showup procedures are generally disfavored, they are permissible where, as in this case, they are employed in close spatial and temporal proximity to the commission of the crime for the purpose of securing a prompt and reliable identification ( see, People v. Duuvon, 77 N.Y.2d 541; People v. Love, 57 N.Y.2d 1023; People v. Grassia, 195 A.D.2d 607). Additionally, there is no merit to the defendant's claim that the complainant's testimony was necessary for the prosecutor to establish a nonsuggestive identification. The record demonstrates that the court was provided with the factual detail necessary to assess whether the identification procedure was unconstitutional ( see, People v. Grays, 237 A.D.2d 303; People v. Padilla, 219 A.D.2d 688).

The hearing court did not err in ruling that the defendant's credibility could be impeached by a postarrest statement he made that was suppressed as having been taken in violation of his Miranda rights ( see, Harris v. New York, 401 U.S. 222; People v. Maerling, 64 N.Y.2d 134).

The court's certification of the defendant as a sex offender pursuant to New York's "Megan's Law" (Correction Law § 168-d Correct. [1]) is not reviewable on direct appeal from the judgment ( see, CPL 450.10, 450.30 Crim. Proc.; see also, People v. Stevens, 235 A.D.2d 440, affd 91 N.Y.2d 270).

The defendant's remaining contentions are either without merit or do not require reversal.

Rosenblatt, J.P., Copertino, Goldstein and Luciano, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. HERNANDEZ
(May 11, 1998)