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People v. Burgos

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1998
246 A.D.2d 394 (N.Y. App. Div. 1998)

Opinion

January 15, 1998

Appeal from the Supreme Court, Bronx County (David Levy, J., at hearing; Joseph Di Fede, J., at plea, and in absentia sentencing; Lawrence Tonetti, J., at sentence execution).


Defendant's sentence was properly executed. His due process rights were not violated since he was not entitled to counsel at the execution of sentence, which is "not a critical stage of the * * * criminal proceeding" ( People v. Harris, 79 N.Y.2d 909, 910).

Defendant's suppression motion was properly denied. Although the identification procedure was "police-arranged" in the sense that the complainant was escorted by detectives to the area where the crime occurred for the purpose of trying to find the assailants, such that a hearing was properly granted ( People v. Dixon, 85 N.Y.2d 218, 223), the actual identification was not the product of any suggestiveness by police, and indeed was entirely spontaneous and unprompted.

Concur — Rosenberger, J.P., Williams, Andrias and Colabella, JJ.


Summaries of

People v. Burgos

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1998
246 A.D.2d 394 (N.Y. App. Div. 1998)
Case details for

People v. Burgos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN BURGOS, Appellant

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

Date published: Jan 15, 1998

Citations

246 A.D.2d 394 (N.Y. App. Div. 1998)
668 N.Y.S.2d 19

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