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PEOPLE v. DONES

279 A.D.2d 366 (2001)

720 N.Y.S.2d 101

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

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

Decided January 23, 2001.

With respect to defendant's assault conviction, the court properly denied his motion to suppress identification testimony. The People clearly established that defendant and the witness who identified him as the perpetrator had a sufficient relationship prior to the incident so that suggestiveness was not a concern (see, People v Rodriguez, 79 N.Y.2d 445). The witness knew defendant for a period of years, saw him at least once a week...

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