Torts · MBE-tested

The People of the State of New York, Respondent, v. George Nieves, Appellant

299 A.D.2d 222749 N.Y.S.2d 409·New York Supreme Court, Appellate Division·2002·NY

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Opinion

The People of the State of New York, Respondent, v George Nieves, Appellant. [749 NYS2d 409] [MAJORITY] Judgment, Supreme Court, Bronx County (Robert Cohen, J., at hearing; Barbara Newman, J., at jury trial and sentence), rendered September 20, 2001, convicting defendant of assault in the first degree, and sentencing him, as a second felony offender, to a term of 13 years, unanimously affirmed. Defendant’s suppression motion was properly denied. At the Wade hearing, the People introduced ample evidence that the prior contacts between defendant and the witnesses were so numerous, and extended over such a long period of time, that the showing of a single photograph was permissible as a confirmatory identification procedure (see People v Rodriguez, 79 NY2d 445). Concur — Williams, P.J., Nardelli, Rosenberger, Ellerin and Lerner, JJ.