People v. Mathis

1 Citing case

  1. People v. Madsen

    254 A.D.2d 152 (N.Y. App. Div. 1998)   Cited 5 times

    Appeal from the Supreme Court, New York County (Allen Alpert, J., at hearing; Rena Uviller, J., at plea and sentence). By pleading guilty, defendant waived his contention that he was denied his right to testify before the Grand Jury ( People v. Harrison, 249 A.D.2d 113, lv denied 92 N.Y.2d 853; People v. Mathis, 241 A.D.2d 337). Moreover, his motion to dismiss the indictment pursuant to CPL 190.50 (5) (c) was properly denied since he failed to file any written notice of' his intention to testify before the Grand Jury prior to the filing of the indictment, a requirement that is strictly enforced ( People v. Clay, 248 A.D.2d 180). Defendant has failed to satisfy his burden of demonstrating that the lineup procedures were unduly suggestive ( People v. Chipp, 75 N.Y.2d 327, 335, cert denied 498 U.S. 833; People v. Berrios, 28 N.Y.2d 361), since his assertions that the complainant must have seen him at the precinct before the lineup was conducted and that the subsequent identification was tainted by comments made to the complainant by the police officers are based on mere speculation.