| People v Garcia |
| 2024 NY Slip Op 06236 [42 NY3d 1077] |
| December 12, 2024 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 12, 2025 |
| The People of the State of New York, Respondent, v Kenneth Garcia, Appellant. |
Argued November 20, 2024; decided December 12, 2024
People v Garcia, 210 AD3d 906, affirmed.
Patricia Pazner, Appellate Advocates, New York City (David Fitzmaurice of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens (Christopher J. Blira-Koessler and John M. Castellano of counsel), for respondent.
Steptoe LLP, New York City (James L. Brochin, Michelle L. Levin, Gilana Keller, Ciara Davis amd Meredith Lewis of counsel), and The Innocence Project, New York City (Matthew A. Wasserman of counsel), for The Innocence Project, Inc., amicus curiae.
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant's argument that the showup identification procedure was unduly suggestive because of its collective nature—defendant was presented for identification alongside his two codefendants—and, specifically, that the strength of the victim's identification as to one of the codefendants infected the identification of defendant is unpreserved (see CPL 470.05 [2]; cf. People v Cedeno, 27 NY3d 110, 123 n 3 [2016]). Defendant's remaining arguments lack merit.
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.
Order affirmed, in a memorandum.