People v. Bonilla

2 Citing cases

  1. Bonilla v. Ricks

    00 Civ. 7925 (LAP)(AJP) (S.D.N.Y. Mar. 14, 2001)   Cited 14 times

    (Dkt. No. 1: Pet. ΒΆΒΆ 1-6.) See also People v. Bonilla, 233 A.D.2d 238, 238, 650 N.Y.S.2d 531, 531 (1st Dep't 1996), appeal denied, 89 N.Y.2d 1009, 658 N.Y.S.2d 247 (1997). Bonilla's petition alleges that:

  2. People v. Torres

    244 A.D.2d 156 (N.Y. App. Div. 1997)   Cited 1 times

    In any event, the temporary removal of the portion of the mask that remained in defendant Soltero's jacket pocket during the lawful frisk was a de minimis intrusion that did not violate defendant Soltero's Fourth Amendment rights (see, People v. George, 84 A.D.2d 731). Additionally, the showup procedures were proper and lawful because they were conducted in close spatial and temporal proximity to the crime for the purpose of prompt and reliable identification, and there was no evidence of any police conduct that might have rendered the showups unduly suggestive (see, People v. Espala, 223 A.D.2d 461, lv denied 88 N.Y.2d 847). Defendant Torres raises issues concerning denial of a missing witness charge and limitation on cross-examination during the independent source hearing that were previously rejected by this Court in deciding a codefendant's appeal (People v. Bonilla, 233 A.D.2d 238, lv denied 89 N.Y.2d 1009), and we see no reason to depart from our prior conclusions. There is no evidence in the record that defendant Soltero's document entitled "Petition" was before the court at the time defendant Soltero made an application for substitution of counsel.