PEOPLE v. GRAY (2000)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Dion J. GRAY, Defendant-Appellant.

Decided: December 27, 2000

PRESENT: GREEN, J.P., HAYES, HURLBUTT, KEHOE and BALIO, JJ.

Robert B. Hallborg, Jr., Buffalo, for defendant-appellant. Raymond C. Herman, Buffalo, for plaintiff-respondent.

There is no merit to defendant's contention that the verdict is against the weight of the evidence on the issue of identification. Eyewitnesses identified defendant as the gunman, defendant wore clothing similar to that worn by the gunman, and defendant made inculpatory statements to a cousin within minutes of the crime and, some months later, to fellow inmates. The jury did not fail to give the evidence the weight it should be accorded on the issue of identification (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672; People v. Owens, 275 A.D.2d 905, 713 N.Y.S.2d 388). The sentence imposed on the conviction of first degree murder, life imprisonment without parole, is not unduly harsh or severe (see, People v. Maisonet, 265 A.D.2d 835, 696 N.Y.S.2d 728, lv. denied 94 N.Y.2d 825, 702 N.Y.S.2d 596, 724 N.E.2d 388).

Judgment unanimously affirmed.

MEMORANDUM:

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