People v Matthews

People v Matthews 2010 NY Slip Op 07394 [77 AD3d 493] October 19, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent,
v
Dante Matthews, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Davis Polk & Wardwell LLP, New York (Boris E. Ayala of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered October 25, 2007, convicting defendant, after a jury trial, of grand larceny in the fourth degree (four counts), criminal possession of stolen property in the fourth degree (four counts), petit larceny (two counts) and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant's suppression motion. The officer's testimony and the reasonable inferences that may be drawn therefrom were sufficient to satisfy the People's minimal burden of producing some proof of the circumstances of the identification procedure (see People v Ortiz, 90 NY2d 533, 538 [1997]). In any event, any error in admitting identification testimony by the witness at issue was harmless in light of the overwhelming evidence of defendant's guilt. Concur—Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam and RomÁn, JJ.