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People v. Glover

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1988
144 A.D.2d 581 (N.Y. App. Div. 1988)

Opinion

November 21, 1988

Appeal from the County Court, Nassau County (Delin, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the showup identification procedure employed by the police in this case was proper. The brief prearrest detention of the defendant, for the purpose of transporting him to the scene of the crime for possible identification, was lawful (see, People v. Hicks, 68 N.Y.2d 234; see also, People v. Hampton, 129 A.D.2d 736, 737).

The defendant's further claim that his postarrest statement to the police should have been suppressed on the ground that the police failed to notify his mother prior to their interrogation is not preserved for appellate review (see, People v. Tutt, 38 N.Y.2d 1011; People v. Alston, 134 A.D.2d 433, lv dismissed 71 N.Y.2d 966). This argument is, in any event, meritless. The record on appeal contains no indication that the defendant ever requested to contact his mother (cf., People v. Bevilacqua, 45 N.Y.2d 508; People v. Townsend, 33 N.Y.2d 37). The defendant's confession was preceded by a full, voluntary and intelligent waiver of his Miranda rights (see, People v. Boykins, 81 A.D.2d 922).

We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Brown and Sullivan, JJ., concur.


Summaries of

People v. Glover

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1988
144 A.D.2d 581 (N.Y. App. Div. 1988)
Case details for

People v. Glover

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK GLOVER…

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

Date published: Nov 21, 1988

Citations

144 A.D.2d 581 (N.Y. App. Div. 1988)

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