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People of N.Y. v. Dupree

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 2007
37 A.D.3d 491 (N.Y. App. Div. 2007)

Opinion

No. 2004-09505.

February 6, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered October 4, 2004, convicting him of attempted burglary in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Starkey, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.

Lynn W. L. Fahey, New York, N.Y. (Michelle Mogal of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Michael P. Holland of counsel), for respondent.

HOWARD MILLER, J.P., ROBERT A. SPOLZINO, DAVID S. RITTER, MARK C. DILLON, JJ.

Before: Miller, J.P., Spolzino, Ritter and Dillon, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the show-up identification, which was conducted in close geographic and temporal proximity to the crime, was reasonable under the circumstances and not unduly suggestive ( see People v Chipp, 75 NY2d 327; People v Rosa, 231 AD2d 534; People v Mitchell, 185 AD2d 249; cf. People v Ortiz, 90 NY2d 533). Thus, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress identification testimony.


Summaries of

People of N.Y. v. Dupree

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 2007
37 A.D.3d 491 (N.Y. App. Div. 2007)
Case details for

People of N.Y. v. Dupree

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRILL DUPREE…

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

Date published: Feb 6, 2007

Citations

37 A.D.3d 491 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1142
829 N.Y.S.2d 199

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