People v. Alvarez
| Decision Date | 30 November 1987 |
| Parties | The PEOPLE, etc., Respondent, v. Lloyd ALVAREZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
George T. Dunn, New York City, for appellant.
Lloyd Alvarez, pro se.
Elizabeth Holtzman, Dist. Atty., (Barbara D. Underwood, Brian D. Foley, Brooklyn, and Meryl R. Bronson, New York City, of counsel), for respondent.
Before BROWN, J.P., and LAWRENCE, WEINSTEIN and EIBER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered November 15, 1984, convicting him of murder in the second degree (two counts) and robbery in the first degree, after a nonjury trial, and sentencing him to concurrent indeterminate terms of 12 1/2 to 25 years imprisonment on the robbery count and 25 years to life imprisonment on the murder in the second degree counts. The appeal brings up for review the denial, after a hearing (Starkey, J.), of those branches of the defendant's omnibus motion which were to suppress identification testimony and his statements to law enforcement officials.
ORDERED that the judgment is affirmed.
The defendant's prior judgment of conviction upon a jury verdict was reversed and a new trial was ordered due to errors in the court's charge (People v. Alvarez, 96 A.D.2d 864, 465 N.Y.S.2d 758). In reversing the judgment of conviction on that ground, this court implicitly rejected the defendant's contentions that the police lacked probable cause for his arrest and that evidence of an in-court identification should have been suppressed. The defendant raises these same contentions on this appeal from the judgment of conviction following his retrial. However, we have reviewed the evidence adduced at the suppression hearing and find no error or unfairness which would warrant a modification of our prior determination (see, People v. Blake, 35 N.Y.2d 331, 361 N.Y.S.2d 881, 320 N.E.2d 625; People v. Taylor, 87 A.D.2d 771, 450 N.Y.S.2d 370).
The defendant contends that the suppression court also erred when it determined that he had voluntarily and intelligently waived his rights prior to questioning by a police officer. Although the defendant failed to raise this issue on his first appeal, we have considered it in the interest of justice and find no error in the suppression court's decision.
Viewing the evidence adduced at the trial in a light most favorable to the People, we find that it is legally sufficient to...
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