Majority
Appellant’s legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 , 348-349 [2007]). There is no basis for disturbing the court’s determinations regarding identification and credibility.
To the extent that appellant argues that a showup identification should have been suppressed as unduly suggestive and that it tainted the victim’s in-court identification of him, he never moved to suppress that evidence, and he thus failed to present a sufficient factual record for review (see Family Ct Act § 330.2). To the extent that appellant argues that the showup rendered the identification evidence unreliable, that claim is unavailing, because the evidence at the fact-finding hearing established that there was a reliable identification, in very close temporal and geographic proximity to the crime (see generally People v Howard, 22 NY3d 388 , 402-403 [2013]).
Concur—Gische, J.P., Kapnick, Oing and Moulton, JJ.
Cases cited
- People v. Danielson 9 NY3d 342 at 348-349 p. 408
- People v. Howard 22 NY3d 388 at 402-403 p. 408