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People v. Gill

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1989
147 A.D.2d 496 (N.Y. App. Div. 1989)

Opinion

February 6, 1989

Appeal from the Supreme Court, Kings County (Bianchi, J.).


Ordered that the judgment is affirmed.

The court properly ruled after a Wade hearing that the eyewitness' observations of the appellant over a period of a month and his observations of the defendant during the robbery constituted an independent source for his in-court identification of the defendant. Accordingly any suggestiveness which may have resulted from the showup identification, which was suppressed, was not prejudicial (People v Ingram, 110 A.D.2d 852).

The defendant's contention that a portion of the arresting detective's testimony, which indicated that a showup had been conducted, violated the Wade ruling and constituted inferential bolstering is not preserved for appellate review (see, CPL 470.05; People v Medina, 53 N.Y.2d 951). Moreover, reversal in the interest of justice is not warranted. Bracken, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.


Summaries of

People v. Gill

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1989
147 A.D.2d 496 (N.Y. App. Div. 1989)
Case details for

People v. Gill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN GILL, Appellant

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

Date published: Feb 6, 1989

Citations

147 A.D.2d 496 (N.Y. App. Div. 1989)
537 N.Y.S.2d 592