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People v. Franco

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2002
300 A.D.2d 674 (N.Y. App. Div. 2002)

Opinion

2001-04826

Submitted December 10, 2002.

December 30, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered May 15, 2001, as amended May 18, 2001, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.

Scott Brettschneider, Kew Gardens, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Brian Michels on the brief), for respondent.

Before: DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment, as amended, is affirmed.

Contrary to the defendant's contention, the photographic identification of the defendant by an undercover police officer was not unduly suggestive (see People v. Blacknall, 216 A.D.2d 404).

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

RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.


Summaries of

People v. Franco

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2002
300 A.D.2d 674 (N.Y. App. Div. 2002)
Case details for

People v. Franco

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MIGUEL FRANCO, appellant

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

Date published: Dec 30, 2002

Citations

300 A.D.2d 674 (N.Y. App. Div. 2002)
751 N.Y.S.2d 778