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People v. Martin

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1985
114 A.D.2d 424 (N.Y. App. Div. 1985)

Opinion

October 15, 1985

Appeal from the County Court, Nassau County (Harrington, J.).


Judgment affirmed.

The trial court properly found that the police conduct was not suggestive during the pretrial photographic and corporeal identification procedures. Consequently, there was no error in permitting Mr. Pinguelo to identify defendant at trial (see, People v Wilson, 107 A.D.2d 945, 947). In any event, under the circumstances, the objection made a day later after two more witnesses had testified did not preserve the alleged error in permitting the identification by Mr. Pinguelo.

Most of defendant's remaining contentions have not been preserved for review (see, People v Herbert, 100 A.D.2d 883). Those that were preserved have been considered and found to be without merit. Lazer, J.P., Mangano, Gibbons and Weinstein, JJ., concur.


Summaries of

People v. Martin

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1985
114 A.D.2d 424 (N.Y. App. Div. 1985)
Case details for

People v. Martin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HENRY MARTIN…

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

Date published: Oct 15, 1985

Citations

114 A.D.2d 424 (N.Y. App. Div. 1985)