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People v. Doherty

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 296 (N.Y. App. Div. 1993)

Opinion

November 8, 1993

Appeal from the Supreme Court, Suffolk County (Sherman, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the showup identifications were not so unnecessarily suggestive as to create a substantial likelihood of misidentification (see, People v Duuvon, 77 N.Y.2d 541; People v Adams, 53 N.Y.2d 241). We note that the identification which was made by a witness who was very near the crime scene was conducted within minutes of both the commission of the crime and the witness's initial sighting of the defendant. Under these circumstances, "[a] speedy-on-the-scene viewing thus was of value * * * to law enforcement authorities * * * and was [thus] appropriate" (People v Hicks, 68 N.Y.2d 234, 242). In addition, where the showup identification takes place within a short time after the crime and very near the crime scene, "[t]he fact that defendant was handcuffed in the patrol car alone does not transform the viewing into an unduly suggestive one" (People v Duuvon, 160 A.D.2d 653, affd 77 N.Y.2d 541, supra). Similarly, the identification made by the complainant was conducted in temporal proximity to the commission of the crime and was otherwise properly conducted.

The defendant's contentions regarding his plea are unpreserved for appellate review since the defendant neither moved to withdraw his plea prior to sentencing nor raised the contentions by way of a motion to vacate the judgment of conviction (see, People v Lopez, 71 N.Y.2d 662; People v Claudio, 64 N.Y.2d 858; People v Aloisi, 177 A.D.2d 491). In any event, the plea allocution sufficiently established the elements of the crime (see, People v Lopez, supra; People v Chessman, 75 A.D.2d 187). Lawrence, J.P., Eiber, O'Brien and Santucci, JJ., concur.


Summaries of

People v. Doherty

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 296 (N.Y. App. Div. 1993)
Case details for

People v. Doherty

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DOHERTY…

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

Date published: Nov 8, 1993

Citations

198 A.D.2d 296 (N.Y. App. Div. 1993)
603 N.Y.S.2d 56

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