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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1997
236 A.D.2d 549 (N.Y. App. Div. 1997)

Opinion

February 18, 1997.

Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered April 22, 1994, convicting him of robbery in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.

Before: Rosenblatt, J.P., Ritter, Copertino and Krausman, JJ.


Ordered that the judgment is affirmed.

We find no merit in the contention that the victim's in-court identification of the defendant should be suppressed. Although the showup identification was overly suggestive, the victim identified the defendant in court based on a sufficiently established independent source ( see, People v Ballot, 20 NY2d 600).

Contrary to the defendant's further contention, his prior plea of guilty to attempted robbery in the second degree was a constitutionally obtained predicate conviction and, hence, it served as a proper basis upon which to sentence him as a persistent violent felony offender ( see, People v Moore, 71 NY2d 1002).

We have reviewed the defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1997
236 A.D.2d 549 (N.Y. App. Div. 1997)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD L. BROWN…

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

Date published: Feb 18, 1997

Citations

236 A.D.2d 549 (N.Y. App. Div. 1997)
654 N.Y.S.2d 630

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