PEOPLE v. GARCIA


277 A.D.2d 68 (2000)

716 N.Y.S.2d 385

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GARCIA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 14, 2000.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Contrary to defendant's argument, the evidence of defendant's identity, which included compelling physical evidence connecting defendant to the crime, was overwhelming.

Defendant's suppression motion was properly denied. The fact that defendant's position in the lineup did not correspond with his number card was the result of his own choice (see, People v Adams...

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