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People v. Bellinger

Appellate Division of the Supreme Court of New York, First Department
Sep 24, 1998
253 A.D.2d 701 (N.Y. App. Div. 1998)

Opinion

September 24, 1998

Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).


Defendant's motion to suppress identification testimony was properly denied. The record supports the hearing court's finding that the accidental station house viewing of defendant by one of the victims resulted from the victim's failure to follow police instructions and was not a suggestive police-arranged identification procedure ( see, People v. Clark, 85 N.Y.2d 886, 889; People v. Nimmons 177 A.D.2d 444, lv denied 79 N.Y.2d 922).

According due deference to the court's assessment of the defense attorneys proffered explanation for the peremptory challenge that was disallowed, we find that the court properly concluded that the explanation was pretextual ( People v. Hernandez, 75 N.Y.2d 350, 356, affd 500 U.S. 352).

Concur — Sullivan, J. P., Nardelli, Mazzarelli, Andrias and Saxe, JJ.


Summaries of

People v. Bellinger

Appellate Division of the Supreme Court of New York, First Department
Sep 24, 1998
253 A.D.2d 701 (N.Y. App. Div. 1998)
Case details for

People v. Bellinger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BELLINGER…

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

Date published: Sep 24, 1998

Citations

253 A.D.2d 701 (N.Y. App. Div. 1998)
680 N.Y.S.2d 191

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