From Casetext: Smarter Legal Research

People v. Cinatus

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 1994
200 A.D.2d 754 (N.Y. App. Div. 1994)

Summary

holding "that the witness was a police officer is relevant in determining whether or not the identification procedure employed was unduly suggestive"

Summary of this case from Gavin v. Dunn

Opinion

January 31, 1994

Appeal from the County Court, Nassau County (Orenstein, J.).


Ordered that the judgment is affirmed.

Contrary to the hearing court's determination, and as we have previously held, the witness's status as a police officer does not serve to render the identification procedure at bar confirmatory in nature (see, People v. Cinatus, 188 A.D.2d 481, supra). However, that the witness was a police officer is relevant in determining whether or not the identification procedure employed was unduly suggestive. Given that the identification took place in relatively close spatial and temporal proximity to the witness's sighting of the perpetrator, and that the witness was a police officer, we find that the identification procedure employed was not unduly suggestive, and therefore the testimony with respect thereto was properly admitted at the trial (see, People v. Duuvon, 77 N.Y.2d 541; cf., People v. Johnson, 81 N.Y.2d 828).

We have considered the defendant's remaining contentions and find that they are unpreserved for appellate review or without merit. Bracken, J.P., Lawrence, O'Brien and Santucci, JJ., concur.


Summaries of

People v. Cinatus

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 1994
200 A.D.2d 754 (N.Y. App. Div. 1994)

holding "that the witness was a police officer is relevant in determining whether or not the identification procedure employed was unduly suggestive"

Summary of this case from Gavin v. Dunn

holding "that the witness was a police officer is relevant in determining whether or not the identification procedure employed was unduly suggestive"

Summary of this case from Gavin v. Dunn

holding "that the witness was a police officer is relevant in determining whether or not the identification procedure employed was unduly suggestive"

Summary of this case from Gavin v. State
Case details for

People v. Cinatus

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR CINATUS…

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

Date published: Jan 31, 1994

Citations

200 A.D.2d 754 (N.Y. App. Div. 1994)
607 N.Y.S.2d 363

Citing Cases

People v. Brooks

The first issue on review is the denial of defendant's motion to suppress the identification testimony. After…

Gavin v. State

It is clear from Investigator Smith's testimony that his identification of Gavin in the patrol car was not…