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People v. Shepherd

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 445 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Kings County (Martin, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the hearing court properly denied suppression of the stolen vehicle that he was driving as the fruit of an unlawful arrest. The police officers, after lawfully stopping the vehicle upon observing the defendant commit a traffic infraction (see, People v. Ellis, 62 N.Y.2d 393; People v. Tutt, 194 A.D.2d 575), had probable cause to arrest the defendant upon determining that the vehicle had been reported stolen (see, People v. Reese, 126 A.D.2d 678). Further, the hearing court properly ruled that the lineup identification procedure was not unduly suggestive (see, People v. Rodriguez, 64 N.Y.2d 738; People v. Graham, 220 A.D.2d 768; People v. Garcia, 215 A.D.2d 584).

The defendant's sentence was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Bracken, J. P., Ritter, Sullivan and Pizzuto, JJ., concur.


Summaries of

People v. Shepherd

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 445 (N.Y. App. Div. 1997)
Case details for

People v. Shepherd

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EON P. SHEPHERD…

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

Date published: May 5, 1997

Citations

239 A.D.2d 445 (N.Y. App. Div. 1997)
658 N.Y.S.2d 884

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