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People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 1990
167 A.D.2d 298 (N.Y. App. Div. 1990)

Opinion

November 27, 1990

Appeal from the Supreme Court, Bronx County (George Covington, J.).


On this appeal, defendant argues, among other things, that the lineup identification should have been suppressed as tainted by the complainant's photographic identification. We disagree. As correctly noted by the trial court in denying defendant's motion to suppress after the hearing held pursuant to United States v. Wade ( 388 U.S. 218), there is no evidence that the pretrial identification procedures employed by the police in this case were even remotely suggestive. Moreover, the complainant had an unobstructed view of the defendant for a significant period of time both before and during the robbery, which took place in broad daylight with no other individuals in sight. Accordingly, there was a sufficient independent basis for the witness's in-court identification of defendant. (See, People v. Ramos, 42 N.Y.2d 834.)

We perceive no error in the trial court's Sandoval ruling (People v. Sandoval, 34 N.Y.2d 371).

Concur — Sullivan, J.P., Carro, Wallach and Rubin, JJ.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 1990
167 A.D.2d 298 (N.Y. App. Div. 1990)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY JOHNSON…

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

Date published: Nov 27, 1990

Citations

167 A.D.2d 298 (N.Y. App. Div. 1990)
562 N.Y.S.2d 40

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