From Casetext: Smarter Legal Research

People v. Douglas

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 691 (N.Y. App. Div. 1991)

Opinion

February 25, 1991

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


Ordered that the judgment is affirmed.

The defendant contends that the identification testimony of the complaining witness was tainted by a suggestive joint-viewing of a photographic array and by a suggestive lineup. We disagree.

In cases where the defendant and the complainant are known to one another "`suggestiveness' is not a concern" (People v Gissendanner, 48 N.Y.2d 543, 552; see, People v Tas, 51 N.Y.2d 915). Identification procedures in such cases are "more in the nature of a confirmation rather than an identification", and, therefore, the issue of suggestiveness is not relevant (see, People v Lang, 122 A.D.2d 226, 227).

The record contains testimony that the complaining witness knew the defendant as a fellow occupant of her apartment building and that the building's superintendent had introduced the defendant to her as the building's manager. Since the complainant knew the defendant, the issue of the suggestiveness of the identification procedures does not warrant suppression of the identification testimony.

We have reviewed the defendant's remaining contentions and find them to be without merit (see, People v Blake, 35 N.Y.2d 331; People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v Suitte, 90 A.D.2d 80). Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.


Summaries of

People v. Douglas

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 691 (N.Y. App. Div. 1991)
Case details for

People v. Douglas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLTON DOUGLAS…

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

Date published: Feb 25, 1991

Citations

170 A.D.2d 691 (N.Y. App. Div. 1991)
567 N.Y.S.2d 105

Citing Cases

People v. Maddox

We disagree. The hearing court correctly found that the credible evidence submitted at the Wade hearing…

People v. Darty

Suggestiveness was not a concern because the defendant and the complainant knew one another (see, CPL 710.30;…