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People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1067 (N.Y. App. Div. 1995)

Opinion

March 17, 1995

Appeal from the Wayne County Court, Sirkin, J.

Present — Denman, P.J., Green, Fallon, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's motion to suppress identification evidence. The showing of a photograph of defendant to two undercover officers approximately 30 minutes after their participation in a drug transaction with defendant constituted a confirmatory identification (see, People v. Roberts, 79 N.Y.2d 964; People v Wharton, 74 N.Y.2d 921). Further, each officer possessed an independent basis for an in-court identification of defendant.

The record does not support defendant's contention that the factual allocution during the plea was insufficient or that the plea was not entered knowingly, intelligently and voluntarily. Defendant was sentenced as a second felony offender to the minimum term of imprisonment mandated by statute (see, Penal Law § 70.06, [4]; § 220.39). Her sentence is not unduly harsh or severe. We have reviewed the remaining contentions raised by defendant and conclude that they are lacking in merit.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1067 (N.Y. App. Div. 1995)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRACY L. JOHNSON…

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

Date published: Mar 17, 1995

Citations

213 A.D.2d 1067 (N.Y. App. Div. 1995)
624 N.Y.S.2d 501

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