People v. Hannah

• Decision Date: 02 December 1996
• Citation: 651 N.Y.S.2d 314,234 A.D.2d 317
• Parties: The PEOPLE, etc., Respondent, v. Preston HANNAH, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 314

651 N.Y.S.2d 314

234 A.D.2d 317

The PEOPLE, etc., Respondent, v. Preston HANNAH, Appellant.

Supreme Court of New York, Appellate Division Second Department.

Dec. 2, 1996.

Daniel L. Greenberg, New York City (Kerry Elgarten, of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Linda Cantoni, and Peri A. Kadanoff, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered August 17, 1994, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.

ORDERED that the judgment is affirmed.

Review of the record reveals no basis to disturb the hearing court's determination that the lineup was not unduly suggestive and that there was no substantial likelihood of a misidentification (see, People v. Chipp, 75 N.Y.2d 327, 553 N.Y.S.2d 72, 552 N.E.2d 608, cert. denied 498 U.S. 833, 111 S.Ct. 99, 112 L.Ed.2d 70; People v. Singleton, 222 A.D.2d 719, 636 N.Y.S.2d 796; People v. Bower, 222 A.D.2d 516, 635 N.Y.S.2d 79; People v. Jacobi, 159 A.D.2d 308, 552 N.Y.S.2d 587). Moreover, the trial court's refusal to sanction the prosecution for the inadvertent destruction of a tape of a "911" call made after the robbery (a "Sprint" report of the call was supplied) was not an improvident exercise of discretion, as there was no showing either of bad faith on the part of the People or of prejudice to the defendant (see, People v. Gibbs, 211 A.D.2d 641, 620 N.Y.S.2d 484; People v. Grice, 203 A.D.2d 587, 588, 611...