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People v. Armstrong

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1985
110 A.D.2d 773 (N.Y. App. Div. 1985)

Opinion

April 15, 1985

Appeal from the Supreme Court, Kings County (Bourgeois, J.).


Judgment affirmed.

On the record before us, we find, contrary to the determination of the hearing court, that there was probable cause for the defendant's arrest and that the subsequent showup identification should have been admitted ( People v. Miner, 42 N.Y.2d 937; People v. Santana, 106 A.D.2d 523). In any event, the evidence produced at the hearing clearly established an independent source for the in-court identification. Accordingly, that branch of defendant's motion which sought suppression of the complainant's in-court identification was properly denied ( People v. Pleasant, 54 N.Y.2d 972). Titone, J.P., Thompson, Bracken and Rubin, JJ., concur.


Summaries of

People v. Armstrong

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1985
110 A.D.2d 773 (N.Y. App. Div. 1985)
Case details for

People v. Armstrong

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LIONEL ARMSTRONG…

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

Date published: Apr 15, 1985

Citations

110 A.D.2d 773 (N.Y. App. Div. 1985)

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