| People v Flow |
| 2012 NY Slip Op 06872 [99 AD3d 549] |
| October 16, 2012 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Charlie Flow, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Sylvia Wertheimer of counsel), forrespondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 27,2010, convicting defendant, after a jury trial, of robbery in the first degree (four counts) androbbery in the third degree, and sentencing him, as a persistent violent felony offender, to anaggregate term of 25 years to life, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). The five bank robberies formed such a distinctive pattern, andwere so interconnected, that they could only have been committed by the same person.Fingerprint evidence established defendant's guilt of one of the robberies, thereby connecting himcircumstantially to all of them, and his challenges to the fingerprint evidence are unavailing. Inaddition, there were reliable identifications as to four of the robberies, as well as other evidencesuch as surveillance videotapes and photographs.
The court properly declined to reopen the Wade hearing based on trial testimonyabout conversations between witnesses that occurred before the witnesses separately made lineupidentifications. This testimony could not have had any effect on the suppression issue (seePeople v Clark, 88 NY2d 552, 555 [1996]). The new information revealed at trial did notcontradict any hearing testimony (compare People v Olmo, 153 AD2d 544 [1st Dept1989]), and [*2]it went to the weight to be accorded theidentifications rather than their admissibility (see People v Bazil, 309 AD2d 596, 597[1st Dept 2003], lv denied 1 NY3d 568 [2003]). Concur—Gonzalez, P.J., Sweeny,Acosta, Renwick and Manzanet-Daniels, JJ.