From Casetext: Smarter Legal Research

People v. Allen

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1990
162 A.D.2d 538 (N.Y. App. Div. 1990)

Opinion

June 11, 1990

Appeal from the Supreme Court, Queens County (Browne, J.).


Ordered that the judgment is affirmed.

The defendant contends that the branch of his omnibus motion which was to suppress identification testimony should not have been denied without a hearing. We find his argument to be without merit.

Concededly, the defendant was arrested by a police backup team within 15 minutes and two blocks of the narcotics transaction. Thereafter, the undercover officer viewed the defendant on the street, also within two blocks of the scene of the sale and approximately 20 minutes after defendant's arrest. We find the confirmatory viewing of the defendant by the undercover officer was made in close spatial and temporal proximity to the crime, not for identification purposes but to confirm that the proper person had been arrested. As a prompt on- or near-the-scene confirmatory viewing, it was not an identification procedure which warranted a Wade hearing (see, People v. Thompson, 149 A.D.2d 634, 635; People v. Francis, 139 A.D.2d 527; People v Erazo, 134 A.D.2d 610; People v. Marrero, 110 A.D.2d 785; People v Morales, 37 N.Y.2d 262).

The People gratuitously served the defendant pursuant to CPL 710.30, with a notice of intention to offer the at-the-scene identification testimony at the trial. That does not change the character of the confirmatory viewing to a pretrial identification procedure subject to a Wade hearing (see, People v. McClane, 149 A.D.2d 536; People v. Suren, 131 A.D.2d 896).

We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Kunzeman, Harwood and Miller, JJ., concur.


Summaries of

People v. Allen

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1990
162 A.D.2d 538 (N.Y. App. Div. 1990)
Case details for

People v. Allen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES ALLEN…

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

Date published: Jun 11, 1990

Citations

162 A.D.2d 538 (N.Y. App. Div. 1990)
556 N.Y.S.2d 734

Citing Cases

People v. Twitty

Thus, because no identification within the intendment of CPL 710.30 occurred at the Grand Jury proceeding,…

People v. Mead

(People v Wharton, 74 NY2d 921 [1989]; People v Adio, 111 AD3d 757 [2d Dept 2013]; People v Harrell, 208 AD2d…