People v. Breazil
| Citation | 52 A.D.3d 523,860 N.Y.S.2d 137,2008 NY Slip Op 05088 |
| Decision Date | 03 June 2008 |
| Docket Number | 2007-02659. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TERRANCE BREAZIL, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the amended order is modified, on the law, by deleting the provision thereof suppressing the defendant's lineup identification; as so modified, the amended order is affirmed.
On May 15, 1995 McKiver "Michael" Kinard and Wendell Porter were shot in Brooklyn. The perpetrator fled the scene. Kinard later died from his wounds. On May 22, 1995, upon a recanvass of the crime scene, an unidentified person told Detective Alex Lloyd and his partner that the defendant Terrance Breazil was responsible for the shooting. The person also told the detectives the defendant's approximate age, that he once lived in the Fort Greene projects, and that he had been released from prison about one year earlier. On June 1, 1995, after confirming that the information provided was accurate, Detective Lloyd filed a "wanted" card for the defendant.
In the early morning hours of July 17, 1995, police officers responded to an anonymous 911 call of a robbery in progress at the corner of Franklin Avenue and Fulton Street in Brooklyn. The "sprint report" of the call stated "[s]ix males robbing one male, one male with a gun wearing all white, second male wearing number three jersey on a bike in front of 24-hour deli store." The officers arrived on the scene within minutes and observed the defendant on a bicycle, wearing white, and heading eastbound on Fulton Street. The officers exited their vehicle, placed the defendant against the wall, and frisked him. The frisk revealed, inter alia, a handgun. A showup identification was conducted, but the robbery victim stated that the defendant was not involved. However, the defendant was arrested for possession of the handgun.
Later that same day, Detective Lloyd was notified of the defendant's arrest through the New York City Police Department Detective Unit. Once he learned of the arrest, he located the defendant's place of detention, 120 Schermerhorn Street in Brooklyn. The next day, July 18, 1995, he brought the defendant to the 84th precinct, where he conducted a lineup. At the lineup, the defendant was identified by an eyewitness as the perpetrator of the May 15, 1995 shooting. In 1996 the defendant was convicted of murder in the second degree, attempted murder in the second degree, and criminal possession of a weapon in the second degree. However, in 2001, the defendant...
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Breazil v. Artis
...illegally stopped and frisked, and thus the murder weapon seized during that stop should have been suppressed. People v. Breazil, 52 A.D.3d 523, 860 N.Y.S.2d 137 (2d Dep't), leave to app. denied, 11 N.Y.3d 830, 868 N.Y.S.2d 608 (2008) (table). Petitioner was retried without the murder weapo......
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...52 N.Y.2d 527, 532–533, 439 N.Y.S.2d 96, 421 N.E.2d 491, cert. denied454 U.S. 898, 102 S.Ct. 399, 70 L.Ed.2d 214; People v. Breazil, 52 A.D.3d 523, 524, 860 N.Y.S.2d 137; People v. White, 232 A.D.2d 437, 648 N.Y.S.2d 639). After the unlawful stop and detention of the defendant, the defendan......
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People v. Gray
...taint of the illegal arrest ( see People v. Gethers, 86 N.Y.2d 159, 161–162, 630 N.Y.S.2d 281, 654 N.E.2d 102; cf. People v. Breazil, 52 A.D.3d 523, 524, 860 N.Y.S.2d 137; People v. White, 232 A.D.2d 437, 438, 648 N.Y.S.2d 639). Further, since the evidence of the defendant's guilt without t......
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People v. Breazil
...have been suppressed as the fruit of an illegal arrest, was previously rejected by this Court on a prior appeal ( see People v. Breazil, 52 A.D.3d 523, 860 N.Y.S.2d 137). That determination “constitutes the law of the case, and, absent a showing of manifest error in the prior decision or th......