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People v. Hatcher

247 A.D.2d 265 Court N.Y. App. Div. Decision date 1998-02-17 English

Judges Concur— Milonas, J. P., Ellerin, Williams and Tom, JJ.

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p. 265
The People of the State of New York, Respondent, v Gregory Hatcher, Appellant.
[667 NYS2d 902]

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered February 24, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

The court properly denied defendant’s motion to suppress identification testimony without a hearing because the People sufficiently established a prior relationship between the witness and defendant (see, People v Rodriguez, 79 NY2d 445 ), and defendant did not dispute the People’s contentions (People v Estrada, 241 AD2d 378 , lv denied 90 NY2d 1011 ).

We perceive no abuse of sentencing discretion.

Concur— Milonas, J. P., Ellerin, Williams and Tom, JJ.

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