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People v. Kinard

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 768 (N.Y. App. Div. 1987)

Opinion

May 26, 1987

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


Ordered that the judgment is affirmed.

The complainant, a correction officer, had ample opportunity to observe the defendant in the well-lit stairwell during the robbery. The victim's ability to identify the defendant in court was based on his independent recollection of the initial encounter with the defendant and was not influenced by the pretrial identifications which were suppressed as products of the defendant's unlawful arrest (see, United States v. Crews, 445 U.S. 463; People v. Pleasant, 54 N.Y.2d 972, cert denied 455 U.S. 924; People v. Stevens, 109 A.D.2d 856). Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. Kinard

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 768 (N.Y. App. Div. 1987)
Case details for

People v. Kinard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL KINARD, Appellant

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

Date published: May 26, 1987

Citations

130 A.D.2d 768 (N.Y. App. Div. 1987)

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