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People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 548 (N.Y. App. Div. 2000)

Opinion

Submitted January 31, 2000.

April 13, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered November 5, 1997, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fourth 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.

Gary Cohen, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Melissa P. Eisen of counsel), for respondent.

GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The court's Sandoval ruling was a provident exercise of discretion (see, People v. Sandoval, 34 N.Y.2d 371 ).

The defendant's contention that the undercover officer's confirmatory viewing constituted an improper identification procedure is unpreserved for appellate review (see, CPL 470.05) and, in any event, is without merit (see, People v. Wharton, 74 N.Y.2d 921 ; People v. Hendricks, 159 A.D.2d 396 ).

The defendant's remaining contentions are without merit.


Summaries of

People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 548 (N.Y. App. Div. 2000)
Case details for

People v. Jenkins

Case Details

Full title:The People, etc., respondent, v. Lamont Jenkins, appellant. (Ind. No…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 548 (N.Y. App. Div. 2000)
705 N.Y.S.2d 897

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