From Casetext: Smarter Legal Research

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 831 (N.Y. App. Div. 1988)

Opinion

June 27, 1988

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


Ordered that the judgment is affirmed.

Upon this record, we conclude that the Supreme Court, Kings County, properly denied the defendant's request for a Wade hearing inasmuch as the undercover police officer's station house viewing of the defendant at the time of his arrest only four hours after the drug transaction was merely confirmatory and the circumstances surrounding the identification did not give rise to a reasonable possibility that the officer's identification was the product of the station house viewing rather than of his initial observation of the defendant (see, People v Morales, 37 N.Y.2d 262; People v Leacraft, 128 A.D.2d 640; People v Marrero, 110 A.D.2d 785).

The defendant's claim that he was not afforded an opportunity to be heard in mitigation of his sentence is belied by the record of the sentencing proceeding. Brown, J.P., Kunzeman, Rubin and Kooper, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 831 (N.Y. App. Div. 1988)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN DAVIS, Appellant

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

Date published: Jun 27, 1988

Citations

141 A.D.2d 831 (N.Y. App. Div. 1988)

Citing Cases

People v. Wharton

At the outset, I note my agreement with the majority's observation that merely labeling a pretrial…

People v. London

Further, the court's denial of the defendant's request for a Wade hearing was proper inasmuch as the…