People v. Medina

Decision Date08 April 2002
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ANGEL MEDINA, Appellant.
CourtNew York Supreme Court — Appellate Division

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.

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3 cases
  • People v. Bell
    • United States
    • New York Supreme Court Appellate Division
    • March 15, 2011
    ...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
    • United States
    • U.S. District Court — Southern District of New York
    • August 6, 2013
    ......) Twenty for the regular jurors if the highest crime charged is a class A felony, and two for each alternate juror to be selected."); see also People v. Esquiled, No. 8693-97, 2001 WL 1359533, at *4 n.7 (N.Y. Sup. Ct. Aug. 17, 2001) ("Attempted murder in the first degree is a Class A-I felony . . ......
  • People v. Ni
    • United States
    • New York Supreme Court Appellate Division
    • April 8, 2002

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