From Casetext: Smarter Legal Research

People v. Allen

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1999
257 A.D.2d 397 (N.Y. App. Div. 1999)

Opinion

January 7, 1999.

Appeal from the Supreme Court, New York County (Edwin Torres, J.).


The court properly exercised its discretion in denying the defense challenges for cause at issue, since the court had the opportunity to witness the venirepersons and their responses and since the totality of those responses ( People v. Middleton, 220 A.D.2d 202, lv denied 87 N.Y.2d 848) established that the prospective jurors would be able to remain impartial.

The court properly denied defendant's motion to suppress identification testimony, since the precinct lineup was not unduly suggestive. The clothing worn by defendant at the lineup, and allegedly matching the description given by a witness, was not so distinctive as to be capable of influencing the identification.

We perceive no abuse of sentencing discretion.

Concur — Nardelli, J.P., Williams, Wallach and Rubin, JJ.


Summaries of

People v. Allen

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1999
257 A.D.2d 397 (N.Y. App. Div. 1999)
Case details for

People v. Allen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES ALLEN, Appellant

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

Date published: Jan 7, 1999

Citations

257 A.D.2d 397 (N.Y. App. Div. 1999)
685 N.Y.S.2d 171

Citing Cases

People v. Webster

The lineups were not unduly suggestive under all the circumstances (see People v Chipp, 75 NY2d 327, 336…

People v. Rivera

The defendant claims that the lineup viewed by two prosecution witnesses one month after the shooting was…