People v. Medina
| Court | New York Supreme Court Appellate Division |
| Citation | 742 N.Y.S.2d 64,293 A.D.2d 553 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ANGEL MEDINA, Appellant. |
| Decision Date | 08 April 2002 |
293 A.D.2d 553
742 N.Y.S.2d 64
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ANGEL MEDINA, Appellant.
Decided April 8, 2002.
Ritter, J.P., Goldstein, Friedmann and Luciano, JJ., concur.
Ordered that the judgment is affirmed.
The evidence adduced at the suppression hearing established that the police had probable cause to arrest the defendant. Detective Alex Lloyd testified that he was told by an anonymous citizen that the defendant was one of the two perpetrators of an armed robbery and shooting at an apartment in Brooklyn on April 9, 1996. Lloyd positioned the defendant's police-file picture as the fourth in a photographic array and showed the array to an eyewitness to the crime. The eyewitness exclaimed, "Here, here, it looks like Number Four. He has the same complexion, the face features. I would definitely recognize him in person." Such an emphatic identification gave the police probable cause to arrest the defendant (see People v Palacio, 121 AD2d 282; People v Rhodes, 111 AD2d 194).
The trial court providently exercised its discretion in refusing to grant the defendant's request for daily trial transcript minutes at public expense, after it ascertained that the defendant was represented by retained counsel (see People v West, 29 NY2d 728).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
The defendant's remaining contentions, including those
raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.
To continue reading
Request your trial
-
People v. Bell
...array shown to her by a detective, which provided the police with an additional basis to arrest the defendant ( see People v. Medina, 293 A.D.2d 553, 742 N.Y.S.2d 64; People v. Palacio, 121 A.D.2d 282, 503 N.Y.S.2d 56). The jury acquitted the defendant of intentional murder ( see Penal Law ......
-
Devorce v. Philips, 04-CV-6155 (KMK) (MDF)
...alleged" a pattern of striking black jurors, he failed to cite "any other facts or circumstances" to support his claim. Devorce, 742 N.Y.S.2d at 64 (emphasis added). Thus, the Appellate Division did not find that Petitioner had succeeded in establishing a pattern of discrimination. Instead,......
-
People v. Ni
...v Smith, 288 AD2d 496; People v Dombrowski, 163 AD2d 873). Because the instances of prosecutorial misconduct were flagrant and were [293 A.D.2d 553] closely related to the credibility issues presented at trial, they substantially prejudiced the defendant's case (see People v Elder, 207 AD2d......
-
People v. Bell
...array shown to her by a detective, which provided the police with an additional basis to arrest the defendant ( see People v. Medina, 293 A.D.2d 553, 742 N.Y.S.2d 64; People v. Palacio, 121 A.D.2d 282, 503 N.Y.S.2d 56). The jury acquitted the defendant of intentional murder ( see Penal Law ......
-
Devorce v. Philips, 04-CV-6155 (KMK) (MDF)
...alleged" a pattern of striking black jurors, he failed to cite "any other facts or circumstances" to support his claim. Devorce, 742 N.Y.S.2d at 64 (emphasis added). Thus, the Appellate Division did not find that Petitioner had succeeded in establishing a pattern of discrimination. Instead,......
-
People v. Ni
...v Smith, 288 AD2d 496; People v Dombrowski, 163 AD2d 873). Because the instances of prosecutorial misconduct were flagrant and were [293 A.D.2d 553] closely related to the credibility issues presented at trial, they substantially prejudiced the defendant's case (see People v Elder, 207 AD2d......