From Casetext: Smarter Legal Research

People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 494 (N.Y. App. Div. 1998)

Opinion

April 20, 1998

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


Ordered that the judgment is affirmed.

The defendant argues that the court erred in summarily denying that branch of his omnibus motion which was to suppress a confirmatory identification by an undercover officer as the fruit of an illegal arrest. However, the factual allegations made in support of his omnibus motion were insufficient to either warrant suppression of the identification or to require a hearing on the matter ( see, People v. Mendoza, 82 N.Y.2d 415; see also, People v. Hightower, 85 N.Y.2d 988; CPL 710.60).

The prosecutor's comments made during summation do not require reversal ( see, People v. Galloway, 54 N.Y.2d 396; People v. Ashwal, 39 N.Y.2d 105; People v. Walker, 207 A.D.2d 811).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Rosenblatt, J.P., Miller, Ritter and Sullivan, JJ., concur.


Summaries of

People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 494 (N.Y. App. Div. 1998)
Case details for

People v. Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL ROSA, Also Known…

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

Date published: Apr 20, 1998

Citations

249 A.D.2d 494 (N.Y. App. Div. 1998)
671 N.Y.S.2d 677

Citing Cases

People v. Edwards

claims of unlawful police conduct fail to controvert the specific information provided by the People in…