From Casetext: Smarter Legal Research

People v. Turner

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1989
154 A.D.2d 885 (N.Y. App. Div. 1989)

Opinion

October 6, 1989

Appeal from the Monroe County Court, Mark, J.

Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's contention that the court erred in denying his motion to suppress identification testimony is lacking in merit. Although evidence of the station house showup should have been suppressed (see, People v Riley, 70 N.Y.2d 523, 530; People v Straughter, 152 A.D.2d 919), the suppression court properly found that there was an independent source for the identification because the witness, who was suspicious of defendant, was able to observe him carefully for 15 to 20 minutes prior to the crime (see, Manson v Brathwaite, 432 U.S. 98, 110; People v Riley, supra, at 531; People v Straughter, supra; People v Graham, 67 A.D.2d 172, 177).

It was error to permit the Assistant District Attorney to give rebuttal testimony offered solely to impeach defendant's witness regarding a collateral matter (see, People v Schwartzman, 24 N.Y.2d 241, 245, cert denied 396 U.S. 846; cf., People v Hudy, 73 N.Y.2d 40, 56), but we deem the error harmless in view of the overwhelming proof of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230).


Summaries of

People v. Turner

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1989
154 A.D.2d 885 (N.Y. App. Div. 1989)
Case details for

People v. Turner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT LEE TURNER…

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

Date published: Oct 6, 1989

Citations

154 A.D.2d 885 (N.Y. App. Div. 1989)
547 N.Y.S.2d 159

Citing Cases

People v. Neverett

Judgment unanimously affirmed. Memorandum: The court properly determined that, although the victim's…