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People v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 742 (N.Y. App. Div. 1997)

Opinion

October 27, 1997

Appeal from Supreme Court, Kings County (Martin, J.)


Ordered that the judgment is affirmed.

On January 8, 1995, shortly after midnight, the defendant and five other individuals, all armed with handguns, entered a grocery store and took over $10,000 by force. While inside the location, the defendant shot the complainant's father, an employee at the store, in the leg. Both the complainant and his father had known the defendant prior to the incident since he would "hang out" in the store on a daily basis. About two weeks after the incident, the complainant's father identified the defendant in a police car, and again, later that day, in the police station.

The defendant's contention that the identification testimony was improvidently bolstered is unpreserved for appellate review ( People v. Jamerson, 68 N.Y.2d 984; People v. Jackson, 226 A.D.2d 476; People v. Hammond, 208 A.D.2d 559; People v. Udzinski, 146 A.D.2d 245; CPL 470.05). In any event, it was not impermissible bolstering for the complainant's father to testify about two pretrial identifications of the defendant, whom he knew prior to the incident ( see, People v. Carlton, 146 A.D.2d 641, 642; see also, People v. Benneman, 112 A.D.2d 941).

Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15). Furthermore, the sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80, 85).

The defendant's remaining contentions are unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, supra).

Copertino, J.P., Sullivan, Friedmann and Luciano, JJ., concur.


Summaries of

People v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 742 (N.Y. App. Div. 1997)
Case details for

People v. Thompson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN THOMPSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 27, 1997

Citations

243 A.D.2d 742 (N.Y. App. Div. 1997)
663 N.Y.S.2d 646