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People v. Alamo

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1990
157 A.D.2d 608 (N.Y. App. Div. 1990)

Opinion

January 30, 1990

Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).


The complainant identified appellant's photograph after viewing approximately 100 photographs from the precinct's file. The failure to produce the specific photograph identified did not render the Wade hearing flawed so as to mandate suppression. (People v. Ludwigsen, 128 A.D.2d 810 [2d Dept 1987].) The volume of photographs viewed and the scope of the procedure involved militate against the presence of suggestiveness ( 128 A.D.2d 810, supra). The lineup identification was not the result of an unlawful arrest. No evidence was presented to contradict the arresting officer's testimony that he knew appellant from the area; that he arrested him after viewing the complaint report in which appellant was named as the perpetrator and to which appellant's photograph was attached. (See, People v. Berrios, 28 N.Y.2d 361, 367.)

Concur — Murphy, P.J., Carro, Kassal and Rosenberger, JJ.


Summaries of

People v. Alamo

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1990
157 A.D.2d 608 (N.Y. App. Div. 1990)
Case details for

People v. Alamo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDY ALAMO, Appellant

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

Date published: Jan 30, 1990

Citations

157 A.D.2d 608 (N.Y. App. Div. 1990)
550 N.Y.S.2d 627