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People v. Owens

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1987
131 A.D.2d 602 (N.Y. App. Div. 1987)

Opinion

June 8, 1987

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


Ordered that the judgment is affirmed.

The totality of the circumstances surrounding the lineup identification of the defendant support the hearing court's finding of no undue suggestiveness (see, People v Johnson, 122 A.D.2d 812, lv denied 68 N.Y.2d 915; People v Norris, 122 A.D.2d 82, lv denied 68 N.Y.2d 916; People v Gairy, 116 A.D.2d 733, lv denied 67 N.Y.2d 942). In any event, the record clearly shows that there was an independent source for the eyewitness's identification of the defendant (see, Manson v Brathwaite, 432 U.S. 98).

The trial court correctly refused to permit the defendant to introduce extrinsic evidence regarding a collateral matter for the sole purpose of impeaching the credibility of the witness Bobbie Knight (see, People v Pavao, 59 N.Y.2d 282; People v Strawder, 106 A.D.2d 672).

After viewing the record, we have determined that the assistance of counsel provided to the defendant was "meaningful" (see, People v Baldi, 54 N.Y.2d 137).

We have reviewed the defendant's remaining contentions, including those made in his pro se supplemental brief, and have determined that they are without merit. Thompson, J.P., Bracken, Lawrence and Spatt, JJ., concur.


Summaries of

People v. Owens

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1987
131 A.D.2d 602 (N.Y. App. Div. 1987)
Case details for

People v. Owens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS OWENS, Appellant

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

Date published: Jun 8, 1987

Citations

131 A.D.2d 602 (N.Y. App. Div. 1987)

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