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People v. Pizarro

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 257 (N.Y. App. Div. 2000)

Opinion

Argued October 12, 2000.

November 6, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered February 22, 1996, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.

Gould Reimer Gottfried, New York, N.Y. (Andrea G. Hirsch of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., GLORIA GOLDSTEIN, ANITA R. FLORIO, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant was properly stopped after the police observed him drive through a red light. Contrary to the defendant's contention, the police were justified in detaining and arresting him based on the information available prior to his arrest (see, People v. Chase, 85 N.Y.2d 493; People v. Colucci, 268 A.D.2d 531; People v. Legette, 244 A.D.2d 505).

The defendant's contention that he was denied the effective assistance of counsel is without merit (see, People v. Benevento, 91 N.Y.2d 708).


Summaries of

People v. Pizarro

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 257 (N.Y. App. Div. 2000)
Case details for

People v. Pizarro

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JOSE PIZARRO, APPELLANT. (IND. NO…

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

Date published: Nov 6, 2000

Citations

277 A.D.2d 257 (N.Y. App. Div. 2000)
715 N.Y.S.2d 648