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. KEITH GETTYS, Appellant. (Appeal No. 1.)

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Supreme Court erred when it directed defendant to pay $800 in restitution without first conducting a hearing on the amount of the restitution to be paid (see, Penal Law § 60.27; People v. Fuller, 57 N.Y.2d 152; People v. Dixon, 134 A.D.2d 877). The People concede that this portion of the sentence must be vacated and the matter remitted for a restitution hearing. We otherwise find that defendant's sentence was not unduly harsh and excessive.

There is no merit to defendant's contention that the photographic array shown to each of the witnesses was unduly suggestive and tainted the witnesses' in-court identification. Although some of the photographs in the array are of men with somewhat darker skin tone than that of defendant, after examining the photo arrays in question, we conclude that the witnesses' attention was not drawn to a particular subject (see, People v Davis, 148 A.D.2d 952, lv denied 74 N.Y.2d 663; People v. Dubois, 140 A.D.2d 619, 622, lv denied 72 N.Y.2d 911). Since defendant failed to object to the prosecutor's comments on summation, this issue has not been preserved for our review (see, CPL 470.05; People v. Dawson, 50 N.Y.2d 311, 324) and reversal is not warranted in the interest of justice.

Use AI to get other relevant cases.

Comments

PEOPLE v. GETTYS
(Jun 22, 1990)