Torts · MBE-tested

The People of the State of New York, Respondent, v. Pedro Flores, Appellant

275 A.D.2d 667713 N.Y.S.2d 352·New York Supreme Court, Appellate Division·2000·NY

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Opinion

The People of the State of New York, Respondent, v Pedro Flores, Appellant. [713 NYS2d 352] [MAJORITY] —Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered May 19, 1998, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed. The court properly denied defendant’s motion to suppress identification testimony. The People clearly established that defendant and the witness who identified him as the perpetrator had a relationship prior to the incident based on their residing in the same apartment, so that suggestiveness was not a concern (see, People v Rodriguez, 79 NY2d 445; People v Tian Zhang, 253 AD2d 693, lv denied 92 NY2d 1039). Concur — Sullivan, P. J., Williams, Ellerin, Wallach and Friedman, JJ.