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People v. Polite

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 577 (N.Y. App. Div. 1987)

Opinion

January 12, 1987

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


Ordered that the judgment is affirmed.

The hearing court properly refused to suppress evidence of the showup identifications of the defendant since they were conducted after the police had probable cause to arrest him, and they took place at the crime scene within 20 minutes of the commission of the alleged burglary under conditions which were not unduly suggestive (see, e.g., People v. Love, 57 N.Y.2d 1023; People v Brnja, 70 A.D.2d 17, affd 50 N.Y.2d 366; People v. Kennerly, 117 A.D.2d 624). The court also properly denied that branch of the defendant's omnibus motion which was to suppress his statements, since the record clearly supports the hearing court's determination that the defendant knowingly, voluntarily, and intelligently waived his right to counsel (see, People v Prochilo, 41 N.Y.2d 759, 766; People v. Bretts, 111 A.D.2d 864, 865).

We have considered the defendant's remaining contentions and conclude that the alleged errors do not warrant reversal. Thompson, J.P., Niehoff, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Polite

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 577 (N.Y. App. Div. 1987)
Case details for

People v. Polite

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS J. POLITE…

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

Date published: Jan 12, 1987

Citations

126 A.D.2d 577 (N.Y. App. Div. 1987)