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People v. Mixon

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 2001
281 A.D.2d 152 (N.Y. App. Div. 2001)

Opinion

March 1, 2001.

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered February 4, 20 00, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 12 years, 8 years, and 2 to 4 years, respectively, unanimously affirmed.

Patricia Curran, for respondent.

Claudia S. Trupp, for defendant-appellant.

Before: Sullivan, P.J., Nardelli, Williams, Saxe, Friedman, JJ.


The court properly denied defendant's suppression motion. Since the showup was conducted in reasonably close temporal and spatial proximity to the robbery and was the culmination of an unbroken chain of investigative events in which the victim was rushed to a location where defendant and his companions were being held, the various claimed defects in the showup procedure did not render it unduly suggestive (People v. Stewart, 257 A.D.2d 442, lv denied 98 N.Y.2d 902).

The court properly admitted the redacted plea allocution of a codefendant as a declaration against penal interest to establish the fact of the robbery (see, People v. Thomas, 68 N.Y.2d 194, cert denied 480 U.S. 948). The declarant's admissions of his own guilt were clearly against his penal interest and the testimony of the victim and of another accomplice served as independent corroboration of the declarations. We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


Summaries of

People v. Mixon

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 2001
281 A.D.2d 152 (N.Y. App. Div. 2001)
Case details for

People v. Mixon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES MIXON…

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

Date published: Mar 1, 2001

Citations

281 A.D.2d 152 (N.Y. App. Div. 2001)
721 N.Y.S.2d 509