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People v. Smallwood

Appellate Division of the Supreme Court of New York, First Department
May 21, 2002
294 A.D.2d 229 (N.Y. App. Div. 2002)

Opinion

1147

May 21, 2002.

Judgment, Supreme Court, New York County (Bernard Fried, J. at suppression hearing; Bruce Allen, J. at jury trial and sentence), rendered January 20, 2000, convicting defendant of robbery in the first degree (two counts), attempted robbery in the first degree (two counts), criminal use of a firearm in the first degree, criminal possession of a weapon in the second degree, and assault in the second degree, and sentencing him to an aggregate term of 5 to 10 years, unanimously affirmed.

Ellen Sue Handman, for respondent.

David Samel, for defendant-appellant.

Before: Mazzarelli, J.P., Sullivan, Ellerin, Wallach, Gonzalez, JJ.


The court properly denied suppression of identification testimony, since the accidental precinct viewing of defendant by one of the victims was not a suggestive police-arranged identification procedure (see,People v. Clark, 85 N.Y.2d 886, 888-889; People v. Powell, 269 A.D.2d 178,lv denied 94 N.Y.2d 951; People v. Bellinger, 253 A.D.2d 701, lv denied 92 N.Y.2d 1028).

The court properly denied suppression of defendant's statements since the record establishes that the questioning of defendant at the doorway of his mother's home was not custodial, so that Miranda warnings were not required. The standard of custody is what a reasonable innocent person in defendant's position would have believed, irrespective of any unconveyed subjective intent of the police to make an arrest (see, People v. Yukl, 25 N.Y.2d 585, 589, cert denied 400 U.S. 851).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Smallwood

Appellate Division of the Supreme Court of New York, First Department
May 21, 2002
294 A.D.2d 229 (N.Y. App. Div. 2002)
Case details for

People v. Smallwood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SEAN SMALLWOOD…

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

Date published: May 21, 2002

Citations

294 A.D.2d 229 (N.Y. App. Div. 2002)
741 N.Y.S.2d 862

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