PEOPLE v. PHILIP (2000)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Gerome PHILIP, etc., Defendant-Appellant.

Decided: September 28, 2000

SULLIVAN, P.J., WILLIAMS, ELLERIN, WALLACH and FRIEDMAN, JJ.

Cynthia J. Pree, for Respondent. Toni H.K. Chan, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered June 15, 1998, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 3 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification and credibility.

Defendant's suppression motion was properly denied. The record supports the court's finding that defendant was identified at a fair lineup. Defendant's relatively short stature did not figure prominently in the victim's description of the perpetrator, and the fact that the participants, who were otherwise similar in appearance, were seated during the lineup was sufficient to prevent defendant's height from attracting undue attention.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network