| People v Wright |
| 2009 NY Slip Op 04979 [63 AD3d 547] |
| June 18, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Nahine Wright, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Lucrece Francois of counsel), forrespondent.
Judgment, Supreme Court, New York County (Richard D. Carruthers, J., at hearing; DanielP. FitzGerald, J., at plea and sentence), rendered March 3, 2008, convicting defendant of assaultin the first degree, and sentencing him, as a second felony offender, to a term of eight years,unanimously affirmed.
The court properly found, by clear and convincing evidence, that although a lineup had beensuppressed on right to counsel grounds, the victim could make an in-court identification ofdefendant based upon an independent source (see e.g. People v Robinson, 8AD3d 95 [2004], lv denied 3 NY3d 742 [2004]). There is no basis for disturbing thecourt's determinations concerning credibility. The victim had seen defendant numerous times inthe neighborhood, and had an ample opportunity to observe him during a 20-minute incident thatincluded several conversations between the two men, and ended when defendant shot the victim.
The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45[2009]). Concur—Andrias, J.P., Catterson, Renwick, DeGrasse and Freedman, JJ.