People v. Franklin
| Decision Date | 21 October 1996 |
| Parties | The PEOPLE, etc., Respondent, v. Kenneth FRANKLIN a/k/a Kevin Johnson, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Susan B. Marhoffer, White Plains, for appellant.
Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie and Monique Ferrell, of counsel), for respondent.
Appeals by the defendant from two judgments of the Supreme Court, Kings County (Mastro, J.), both rendered July 8, 1993, convicting him of attempted robbery in the second degree under Indictment No. 10835/92 and criminal possession of a controlled substance in the seventh degree under Indictment No. 8644/92, upon his pleas of guilty, and imposing sentences. The appeals bring up for review the denial under Indictment No. 10835/92, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.
ORDERED that the judgments are affirmed.
The Supreme Court properly denied the defendant's motion to suppress identification testimony (see, People v. Coleman, 214 A.D.2d 619, 625 N.Y.S.2d 91). The defendant's right to appellate review of his remaining contention regarding an alleged violation of his right to testify before the Grand Jury was forfeited by his plea of guilty (see, People v. Ferrara, 99 A.D.2d 257, 472 N.Y.S.2d 407).
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People v. Duran, 2009 NY Slip Op 31488(U) (N.Y. Sup. Ct. 6/1/2009)
...614 (2d Dept.), lv. denied, 94 N.Y.2d 925 (2000); People v. Lyde, 247 A.D.2d 555 (2d Dept.), 91 N.Y.2d 974 (1998); People v. Franklin, 232 A.D.2d 577 (2d Dept. 1996), lv. denied, 89 N.Y.2d 985 (1997); People v. Ferrara, 99 A.D.2d 257 (2d Dept. 1984). As the defendant's guilty plea was knowi......
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People v. Lyde
...defendant forfeited appellate review of his claims that his right to testify before the Grand Jury was violated (see, People v. Franklin, 232 A.D.2d 577, 648 N.Y.S.2d 986; People v. Ortiz, 216 A.D.2d 495, 628 N.Y.S.2d 559; People v. Lasher, 199 A.D.2d 595, 605 N.Y.S.2d 973; People v. Kelly,......
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