From Casetext: Smarter Legal Research

People v. Bookhart

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1986
117 A.D.2d 739 (N.Y. App. Div. 1986)

Opinion

February 18, 1986

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


Judgment affirmed.

The detective and Assistant District Attorney who took inculpatory statements from the defendant both testified that at that time they were unaware of the pendency of the prior charges against him. There being no evidence to the contrary, and no reason to inquire as to whether charges were pending, the defendant's motion to suppress statements made after a knowing and voluntary waiver of his Miranda rights was properly denied (see, People v. Bertolo, 65 N.Y.2d 111; People v. Servidio, 54 N.Y.2d 951; People v. Sanchez, 109 A.D.2d 761).

In addition, the accidental observation of the defendant by an eyewitness when the defendant was brought to the precinct several hours after the incident was not unnecessarily or impermissibly suggestive, since it was unavoidable and not due to any fault of law enforcement officials (see, People v. Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020; People v. Gonzalez, 61 A.D.2d 666, affd 46 N.Y.2d 1011). In any event, the hearing court correctly found an independent basis for the witness' in-court identification of the defendant (see, People v. Adams, 53 N.Y.2d 241; People v. Rivera, 108 A.D.2d 935).

The defendant's remaining contention has not been preserved for this court's review (see, People v. Martin, 50 N.Y.2d 1029; People v. Jones, 81 A.D.2d 22). Mollen, P.J., Bracken, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Bookhart

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1986
117 A.D.2d 739 (N.Y. App. Div. 1986)
Case details for

People v. Bookhart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID BOOKHART…

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

Date published: Feb 18, 1986

Citations

117 A.D.2d 739 (N.Y. App. Div. 1986)

Citing Cases

People v. Whitaker

Richard Mahoney's viewing of the photographic array was not suggestive, as the defendant's photograph was in…

People v. Tito V.

The second witness received information from his cousin that the defendant was in custody. The hearing court…