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People v. Velez

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1974
45 A.D.2d 845 (N.Y. App. Div. 1974)

Opinion

July 1, 1974


On this appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 11, 1971, convicting him of manslaughter in the first degree, upon a guilty plea, and imposing sentence (the appeal brought up for review a denial of pretrial motions to suppress certain physical evidence, namely, a cufflink, and identification evidence), this court, on December 31, 1973, remanded the case to Criminal Term for a determination "as to whether the improper showup identification tainted the identification or whether the identification was based solely upon the on-the-scene observations" and ordered the appeal held in abeyance in the interim, except that it was also held that the motion to suppress the cufflink should have been granted ( People v. Velez, 43 A.D.2d 745). Since then Criminal Term has made a determination that the in-court identification was untainted and based upon an independent source — the victim's observations of defendant at the time of the crime. Judgment affirmed. There is a rational basis for Criminal Term's determination on the remand. Gulotta, P.J., Latham, Shapiro, Christ and Benjamin, JJ., concur.


Summaries of

People v. Velez

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1974
45 A.D.2d 845 (N.Y. App. Div. 1974)
Case details for

People v. Velez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CELSO VELEZ, Appellant

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

Date published: Jul 1, 1974

Citations

45 A.D.2d 845 (N.Y. App. Div. 1974)