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People v. Jimenez

Appellate Division of the Supreme Court of New York, First Department
Oct 8, 1996
232 A.D.2d 210 (N.Y. App. Div. 1996)

Summary

rejecting Jimenez's unpreserved objection to the admission of Velazquez's lineup identification based on her "fortuitous viewing" of the Wanted poster

Summary of this case from Jimenez v. Stanford

Opinion

October 8, 1996.

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered October 24, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Before: Rosenberger, J. P., Ellerin, Williams, Mazzarelli and Andrias, JJ.


Defendant's claim, that decedent's spouse's lineup identification was tainted by her inadvertent viewing of a wanted poster in her sister-in-law's car, is unpreserved as a matter of law, never having been raised at Criminal Term (CPL 470.05), and we decline to review it in the interest of justice. Were we to reach this issue, we would find that the fortuitous viewing was neither police arranged nor an identification procedure ( People v Brown, 159 AD2d 411, lv denied 76 NY2d 785).

Defendant failed to object to the court's charge, and thus this claim is also unpreserved (CPL 470.05; People v Jackson, 76 NY2d 908; People v Autry, 75 NY2d 836), and we decline to review it in the interest of justice. Were we to consider the claim, we would find that the charge, read as a whole, correctly informed the jury how to assess identification testimony.

We perceive no abuse of sentencing discretion.


Summaries of

People v. Jimenez

Appellate Division of the Supreme Court of New York, First Department
Oct 8, 1996
232 A.D.2d 210 (N.Y. App. Div. 1996)

rejecting Jimenez's unpreserved objection to the admission of Velazquez's lineup identification based on her "fortuitous viewing" of the Wanted poster

Summary of this case from Jimenez v. Stanford
Case details for

People v. Jimenez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL JIMENEZ…

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

Date published: Oct 8, 1996

Citations

232 A.D.2d 210 (N.Y. App. Div. 1996)
647 N.Y.S.2d 947

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