PEOPLE v. FLORES (2000)

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

The PEOPLE of the State of New York, Respondent, v. Pedro FLORES, Defendant-Appellant.

Decided: September 28, 2000

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

Jaime Bachrach, for Respondent. Adrienne M. Gantt, for Defendant-Appellant.

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 N.Y.2d 445, 583 N.Y.S.2d 814, 593 N.E.2d 268; People v. Tian Zhang, 253 A.D.2d 693, 679 N.Y.S.2d 98, lv. denied 92 N.Y.2d 1039, 684 N.Y.S.2d 504, 707 N.E.2d 459).

MEMORANDUM DECISION.

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