From Casetext: Smarter Legal Research

People v. Chan

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1997
244 A.D.2d 365 (N.Y. App. Div. 1997)

Opinion

November 3, 1997

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


Ordered that the judgment is affirmed.

The defendant and his codefendant kidnapped two victims and held them in a basement apartment. The defendant was ultimately arrested at that apartment. As several law enforcement officials were escorting the defendant up from the basement, the victims saw him. They immediately pointed at him, proclaiming that the defendant was one of the men who had kidnapped them. Under such circumstances, the court did not err in denying suppression of the victims' identification testimony ( see, People v. Duuvon, 77 N.Y.2d 541; People v. Riley, 70 N.Y.2d 523; People v. Gonzalez, 229 A.D.2d 594; People v. Carney, 212 A.D.2d 721; People v. Dawson, 185 A.D.2d 854; People v Batten, 141 A.D.2d 746).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Ritter, J. P., Copertino, Florio and Luciano, JJ., concur.


Summaries of

People v. Chan

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1997
244 A.D.2d 365 (N.Y. App. Div. 1997)
Case details for

People v. Chan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAU CHAN, Appellant

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

Date published: Nov 3, 1997

Citations

244 A.D.2d 365 (N.Y. App. Div. 1997)
663 N.Y.S.2d 650

Citing Cases

People v. Chan

DECISION & ORDERApplication by the appellant for a writ of error coram nobis to vacate, on the ground of…

People v. Chan

DECISION & ORDER Application by the appellant for a writ of error coram nobis to vacate, on the ground of…