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People v. Parente

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 1984
104 A.D.2d 667 (N.Y. App. Div. 1984)

Opinion

September 24, 1984

Appeal from the Supreme Court, Queens County (Groh, J.).


Judgment affirmed.

The People proved defendant's guilt beyond a reasonable doubt and excluded to a moral certainty every reasonable hypothesis other than guilt. The photograph of defendant provided to the police by the complainant was not properly the subject of a suppression motion because its production and the identification were not the result of a police-initiated identification procedure, but rather were the fruits of the independent activities of private citizens ( People v Logan, 25 N.Y.2d 184, 194; see, also, People v Laguer, 58 A.D.2d 610). In any event, there was more than an adequate independent basis upon which the eyewitness made the lineup identification. Mollen, P.J., Mangano, O'Connor and Lawrence, JJ., concur.


Summaries of

People v. Parente

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 1984
104 A.D.2d 667 (N.Y. App. Div. 1984)
Case details for

People v. Parente

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PARENTE…

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

Date published: Sep 24, 1984

Citations

104 A.D.2d 667 (N.Y. App. Div. 1984)

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