From Casetext: Smarter Legal Research

People v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 803 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Supreme Court, Monroe County, Cornelius, J.

Present — Green, J.P., Lawton, Fallon, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Supreme Court properly denied defendant's suppression motion. Reasonable suspicion that a crime had been committed supported the pursuit and detention of defendant (see, People v Martinez, 80 N.Y.2d 444, 447; cf., People v May, 81 N.Y.2d 725). Stolen property found along the escape path of defendant and on his person provided probable cause for his arrest (see, People v Martinez, supra, at 449).

By pleading guilty, defendant forfeited his right to seek reversal of his conviction on the ground that the People failed to provide the required notice of intention to offer evidence of certain prior statements pursuant to CPL 710.30 (see, People v Taylor, 65 N.Y.2d 1, see also, Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL 710.70, at 349).

Finally, there is no merit to the contention that identification evidence arising out of the showup procedure, conducted after defendant's arrest, should have been suppressed. In view of the proximity in time and location of the showup to the time and location that defendant was first observed by the witness and the unbroken chain of events as the police officers pursued defendant, we conclude that the showup procedure was proper (see, People v Duuvon, 77 N.Y.2d 541).


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 803 (N.Y. App. Div. 1995)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIJAH JACKSON…

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

Date published: Sep 29, 1995

Citations

219 A.D.2d 803 (N.Y. App. Div. 1995)
632 N.Y.S.2d 365