People v. Johnson
| Decision Date | 27 November 1990 |
| Citation | 167 A.D.2d 298,562 N.Y.S.2d 40 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Stanley JOHNSON, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before SULLIVAN, J.P., and CARRO, WALLACH and RUBIN, JJ.
Judgment, Supreme Court, Bronx County (George Covington, J.), rendered June 15, 1988, convicting defendant after a jury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to an indeterminate term of 4 1/2 to 9 years imprisonment, unanimously affirmed.
On this appeal, defendant argues, among other things, that the line-up identification should have been suppressed as tainted by the complainant's photographic identification. We disagree. As correctly noted by the trial court in denying defendant's motion to suppress after the hearing held pursuant to United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, there is no evidence that the pre-trial identification procedures employed by the police in this case were even remotely suggestive. Moreover, the complainant had an unobstructed view of the defendant for a significant period of time both before and during the robbery, which took place in broad daylight with no other individuals in sight. Accordingly, there was a sufficient independent basis for the witness' in-court identification of defendant. (See People v. Ramos, 2 N.Y.2d 834, 397 N.Y.S.2d 375, 366 N.E.2d 76).
We perceive no error in the trial court's Sandoval ruling (People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413).
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People v. Diaz
...after the incident, pointed him out to the police, and identified him again at the pretrial suppression hearing (see, People v. Johnson, 167 A.D.2d 298, 562 N.Y.S.2d 40, lv. denied 77 N.Y.2d 907, 569 N.Y.S.2d 939, 572 N.E.2d To the extent defendant objected to the inadvertent references to ......
- People v. Johnson