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People v. Bates

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1989
147 A.D.2d 707 (N.Y. App. Div. 1989)

Opinion

February 27, 1989

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


Ordered that the judgment is affirmed.

The defendant's contention that suppression of identification testimony was required is not preserved for appellate review (see CPL 470.05; People v Rose, 112 A.D.2d 252, 253). In any event, while there was some testimony that the complainants sat together for up to 20 minutes after they first viewed a photographic array, and failed to identify any of the photographs, there is no evidence that the two witnesses consulted with or influenced each other (see, People v Cummings, 109 A.D.2d 748; cf., People v Badley, 122 A.D.2d 62, lv denied 69 N.Y.2d 708). Mangano, J.P., Lawrence, Rubin and Kooper, JJ., concur.


Summaries of

People v. Bates

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1989
147 A.D.2d 707 (N.Y. App. Div. 1989)
Case details for

People v. Bates

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY BATES, Also…

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

Date published: Feb 27, 1989

Citations

147 A.D.2d 707 (N.Y. App. Div. 1989)
538 N.Y.S.2d 318