People v. McClennon
| Citation | 132 N.Y.S.3d 328 (Mem),188 A.D.3d 918 |
| Decision Date | 12 November 2020 |
| Docket Number | Ind.No. 115/17,2018–08831 |
| Parties | The PEOPLE, etc., respondent, v. Akbar MCCLENNON, appellant. |
| Court | New York Supreme Court Appellate Division |
188 A.D.3d 918
132 N.Y.S.3d 328 (Mem)
The PEOPLE, etc., respondent,
v.
Akbar MCCLENNON, appellant.
2018–08831
Ind.No. 115/17
Supreme Court, Appellate Division, Second Department, New York.
Submitted - September 10, 2020
November 12, 2020
Del Atwell, East Hampton, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
REINALDO E. RIVERA, J.P., MARK C. DILLON, JOSEPH J. MALTESE, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered June 26, 2018, convicting him of robbery in the first degree (nine counts), burglary in the first degree (four counts), robbery in the second degree (seven counts), burglary in the second degree, assault in the second degree (three counts), criminal possession of a weapon in the second degree (two counts), tampering with physical evidence, and attempted tampering with physical evidence,
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 July 11, 2017, the defendant, while acting in concert with another and armed with a gun, forcibly stole property from four individuals and shot one of the individuals. The defendant was apprehended and identified by one of the complainants approximately 30 minutes after the crimes and in close proximity to the crime scene. On July 13, 2017, the defendant directed a person to search for certain evidence that had been discarded on the day of the incident.
We agree with the County Court's determination to deny that branch of the defendant's omnibus motion which was to suppress identification testimony. The People, at a hearing pursuant to United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, met their burden...
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...place approximately 20 minutes after the crime had occurred and only four blocks away from the crime scene (see People v. McClennon, 188 A.D.3d 918, 918, 132 N.Y.S.3d 328 ; People v. Baez, 175 A.D.3d 553, 554, 107 N.Y.S.3d 385 ; People v. Samuels, 39 A.D.3d 569, 570, 833 N.Y.S.2d 575 ). Con......
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