PEOPLE v. GARCIA (2024)

Court of Appeals of New York.

The PEOPLE & c., Respondent, v. Kenneth GARCIA, Appellant.

No. 119

Decided: December 12, 2024

David Fitzmaurice, for appellant. Christopher J. Blira-Koessler, for respondent. The Innocence Project, Inc., amicus curiae.

MEMORANDUM

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant's argument that the showup identification procedure was unduly suggestive because of its collective nature—defendant was presented for identification alongside his two codefendants—and specifically, that the strength of the victim's identification as to one of the codefendants infected the identification of defendant is unpreserved (see CPL 470.05[2]; cf. People v. Cedeno, 27 N.Y.3d 110, 123 n. 3, 31 N.Y.S.3d 434, 50 N.E.3d 901 [2016]). Defendant's remaining arguments lack merit.

Order affirmed, in a memorandum.

Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.

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