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People v. Landy

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1991
177 A.D.2d 653 (N.Y. App. Div. 1991)

Opinion

November 18, 1991

Appeal from the Supreme Court, Queens County (Chetta, J.).


Ordered that the judgment is affirmed.

The defendant's guilty plea forfeited his claim that his rights under CPL 30.30 had been violated (see, People v. O'Brien, 56 N.Y.2d 1009, 1010; People v. Sharcoff, 137 A.D.2d 567). Further, the defendant's motion to vacate the plea was properly denied without a hearing. Contrary to the contentions made in support of that motion, the defendant's attorney had represented him effectively at a suppression hearing and secured a generous sentence promise. At the plea allocution, the defendant acknowledged his guilt and the significance of the plea, and showed no signs of distress or coercion (see, People v. Stubbs, 110 A.D.2d 725).

Turning to the suppression ruling, we note that the showups challenged by the defendant were not unduly suggestive, were conducted shortly after the crime, and provided a prompt determination that the defendant was the suspect described by the witnesses (see, People v. Duuvon, 77 N.Y.2d 541; People v Henley, 145 A.D.2d 570). Kunzeman, J.P., Sullivan, Lawrence and Balletta, JJ., concur.


Summaries of

People v. Landy

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1991
177 A.D.2d 653 (N.Y. App. Div. 1991)
Case details for

People v. Landy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS LANDY, Also…

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

Date published: Nov 18, 1991

Citations

177 A.D.2d 653 (N.Y. App. Div. 1991)
576 N.Y.S.2d 355