DATE: 20061120

DOCKET: C43148

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – JOEL BLASS (Appellant)

BEFORE: WEILER, FELDMAN and MACFARLAND JJ.A.

COUNSEL:

Jennifer Gleitman for the appellant

Greg Skerkowski for the respondent

HEARD & ENDORSED: November 17, 2006

On appeal from the decision of the summary conviction appeal court dated February 3, 2005 by Justice John F. Hamilton of the Superior Court of Justice dismissing the appeal from the conviction entered on March 3, 2004 and the sentence imposed on March 31, 2004 by Justice Frederic M. Campling of the Ontario Court of Justice.

A P P E A L B O O K E N D O R S E M E N T

[1] The trial judge was alive to the frailties of the identification evidence. In our opinion the combination of identification evidence and the confirmatory evidence render the verdict one that a properly instructed trier of fact acting judicially could reasonably have rendered and the summary conviction appeal judge did not err in dismissing the appeal. The appeal is dismissed.