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People v. Marino

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 529 (N.Y. App. Div. 1997)

Opinion

December 22, 1997

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the eyewitness's viewing of the defendant as he was led out of the station house in handcuffs was an accidental viewing and was neither unduly suggestive nor the result of questionable police practice ( see, People v. Richardson, 212 A.D.2d 743; People v. McCoy, 211 A.D.2d 732; People v. Brown, 123 A.D.2d 875; cf., People v. Riley, 70 N.Y.2d 523; People v. Bradley, 117 A.D.2d 675). Therefore, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the identification testimony.

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.

O'Brien, J. P., Pizzuto, Friedmann and Krausman, JJ., concur.


Summaries of

People v. Marino

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 529 (N.Y. App. Div. 1997)
Case details for

People v. Marino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. GARY MARINO, Appellant

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

Date published: Dec 22, 1997

Citations

245 A.D.2d 529 (N.Y. App. Div. 1997)
666 N.Y.S.2d 41

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