People v. Jenkins
| Decision Date | 13 June 1994 |
| Citation | 205 A.D.2d 642,613 N.Y.S.2d 411 |
| Parties | The PEOPLE, etc., Respondent, v. Eric JENKINS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (Carrie Lamitie, of counsel), for appellant.
Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Jodi L. Mandel and Thomas M. Ross, of counsel), for respondent.
Before ROSENBLATT, J.P., and RITTER, GOLDSTEIN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered April 29, 1991, convicting him of robbery in the first 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.
On September 26, 1990, the complainant was robbed at knifepoint while walking along Schermerhorn Street near the vicinity of Clinton Street in Brooklyn. He observed the two men who had just robbed him enter a tan car with a woman in the back seat wearing a red jacket. Two police officers on routine motor patrol heard the complainant's screams and began pursuing the tan car. They broadcast a description of the getaway car over the police radio and several more police vehicles joined in the chase. The tan car was stopped by the police and four occupants, who attempted to escape in different directions, were apprehended. The complainant was brought by the police to the location where the defendant was being held and immediately identified the defendant as one of the men who had robbed him. The defendant was arrested and a watch belonging to the complainant was recovered from his pocket.
Initially, we reject the defendant's contention that the court was required to reopen the Wade hearing when, during trial, the complainant testified that the police advised him that they had caught the robbers prior to the showup identification. Under the circumstances presented here, we find that the statement by the police did not taint the identification procedure (see, People v. Rodriguez, 64 N.Y.2d 738, 485 N.Y.S.2d 976, 475 N.E.2d 443). The record establishes that the complainant carefully identified only those individuals he was sure had been involved in the robbery. We note that he viewed another suspect prior to viewing the defendant and he told the police that the suspect had not been involved in the...
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People v. Ball
...identification of the defendant at a pretrial showup (see People v. Davis, 139 A.D.3d 966, 967, 30 N.Y.S.3d 575 ; People v. Jenkins, 205 A.D.2d 642, 643, 613 N.Y.S.2d 411 ). In any event, that argument is without merit (see People v. Davis, 139 A.D.3d at 967, 30 N.Y.S.3d 575; People v. Rive......
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People v. Rosa
...N.Y.S.2d 479, 670 N.E.2d 980; People v. Mack [Darren], supra; People v. Stafford, 215 A.D.2d 212, 626 N.Y.S.2d 763; People v. Jenkins, 205 A.D.2d 642, 613 N.Y.S.2d 411). ...
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People v. Davis
...not laid pursuant to CPL 60.25 to support the admission of testimony regarding a pretrial lineup identification (see People v. Jenkins, 205 A.D.2d 642, 643, 613 N.Y.S.2d 411 ). In any event, this argument is without merit because all of the foundational requirements of CPL 60.25 were met in......
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People v. Giles
...contention that the officers' testimony was improperly admitted without the foundation required by CPL 60.25 (see, People v. Jenkins, 205 A.D.2d 642, 643, 613 N.Y.S.2d 411, lv denied 84 N.Y.2d 868, 618 N.Y.S.2d 14, 642 N.E.2d 333). In any event, the admission of that testimony is harmless b......