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People v. Olkoski

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1987
131 A.D.2d 706 (N.Y. App. Div. 1987)

Opinion

June 15, 1987

Appeal from the County Court, Suffolk County (Tisch, J.).


Ordered that the judgments are affirmed.

The photographic array shown to the victim of the final robbery in the string of holdups committed by the defendant and his codefendant was not unduly suggestive. The victim had not described the perpetrator as having worn his hair in a ponytail, and the fact that the defendant's photograph showed him with a ponytail did not constitute a "characteristic of one picture [that] draws the viewer's attention, indicating that the police have made a particular selection" (People v Shea, 54 A.D.2d 722), particularly since the other photos showed individuals of similar height, build, hair length and hair color as the defendant.

The record gives us no cause to disturb the determination of the hearing court that the entry of the police into the defendant's family home was validly consented to by his father and that the statements given by him to the police were not rendered involuntary or unreliable by his alleged drug intoxication (see, People v Prochilo, 41 N.Y.2d 759, 761; People v Adams, 26 N.Y.2d 129, 137, cert denied 339 U.S. 931).

We have reviewed the defendant's remaining contentions, including that presented in his supplemental brief, and find them to be without merit. Thompson, J.P., Brown, Niehoff and Spatt, JJ., concur.


Summaries of

People v. Olkoski

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1987
131 A.D.2d 706 (N.Y. App. Div. 1987)
Case details for

People v. Olkoski

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN OLKOSKI…

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

Date published: Jun 15, 1987

Citations

131 A.D.2d 706 (N.Y. App. Div. 1987)

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