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People v. Manning

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 330 (N.Y. App. Div. 1998)

Opinion

April 6, 1998

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


Ordered that the judgment and the amended judgment are affirmed.

Contrary to the defendant's contention, his confession was sufficiently corroborated by the testimony of two witnesses and by the autopsy report to satisfy the requirement of CPL 60.50 that a conviction may not be based solely upon evidence of a confession without additional proof ( see, People v. Booden, 69 N.Y.2d 185; see also, People v. Daniels, 37 N.Y.2d 624).

Furthermore, the identification procedures were not unduly suggestive ( see, People v. Chipp, 75 N.Y.2d 327), and in any event, since one of the eyewitnesses who identified the defendant had known the defendant for several years, there was an independent basis for the identification ( see, People v. Brown, 34 N.Y.2d 879).

The defendant's remaining contentions are either unpreserved for appellate review ( see, CPLR 470.05 N.Y.C.P.L.R. [2]; People v. Udzinski, 146 A.D.2d 245) or without merit.

Copertino, J.P., Altman, Florio and Luciano, JJ., concur.


Summaries of

People v. Manning

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 330 (N.Y. App. Div. 1998)
Case details for

People v. Manning

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MANNING…

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

Date published: Apr 6, 1998

Citations

249 A.D.2d 330 (N.Y. App. Div. 1998)
670 N.Y.S.2d 349

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