Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Roberto Clark, Appellant

201 A.D.2d 311607 N.Y.S.2d 34·New York Supreme Court, Appellate Division·1994·NY

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Opinion

The People of the State of New York, Respondent, v Roberto Clark, Appellant. [607 NYS2d 34] [MAJORITY] Judgment, Supreme Court, New York County (Bernard Fried, J., at hearing; Jay Gold, J., at trial and sentence), rendered November 13, 1991, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed. The court properly determined that the pre-trial identification was not unduly suggestive in light of the fact that complainant, who had been robbed at knifepoint, spotted defendant in a supermarket, obtained defendant’s address from the market’s manager, and after summoning police to accompany her to defendant’s apartment, spontaneously identified defendant when he opened the door in response to a knock thereon. Concur — Sullivan, J. P., Rosenberger, Kupferman and Ross, JJ.