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People v. Buie

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1996
226 A.D.2d 215 (N.Y. App. Div. 1996)

Opinion

April 16, 1996

Appeal from the Supreme Court, New York County (Michael Corriero, J.).


The statements provided by one of defendant's accomplices to the robbery, who clearly possessed personal knowledge of what had occurred, and which, when made, were against the accomplice's penal interest ( see, People v. McCann, 85 N.Y.2d 951), and independently corroborated by information provided by the complainant ( see, People v. DiFalco, 80 N.Y.2d 693, 698-699), gave the police probable cause to arrest defendant. The brief, accidental showup in the hallway of the precinct, wherein defendant, along with four or five other persons, was escorted to the lineup area by at least three plainclothes detectives, was not the product of police misconduct or so suggestive as to taint the ensuing lineup ( see, People v. Clark, 85 N.Y.2d 886, 889; People v. Gonzalez, 61 A.D.2d 666, 671, affd 46 N.Y.2d 1011). We have reviewed defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Ellerin, Williams and Mazzarelli, JJ.


Summaries of

People v. Buie

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1996
226 A.D.2d 215 (N.Y. App. Div. 1996)
Case details for

People v. Buie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BUIE, Appellant

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

Date published: Apr 16, 1996

Citations

226 A.D.2d 215 (N.Y. App. Div. 1996)
641 N.Y.S.2d 15

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