People v. Poventud
| Decision Date | 31 December 2002 |
| Citation | 752 N.Y.S.2d 654,300 A.D.2d 223 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>MARCOS POVENTUD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Defendant's suppression motion was properly denied. Probable cause to arrest defendant was established by the totality of the chain of information which linked defendant to the crime (see People v Bigelow, 66 NY2d 417, 423), including information from a witness who placed him in close temporal and spatial proximity to the crime, and the wallet belonging to defendant's incarcerated brother that was found in the victim's taxicab. In any event, were we to find the arrest to be illegal, we would find no basis for reversal. The only product of the arrest was a photographic identification that was introduced at trial by the defense and not the prosecution; the lineup which occurred two weeks after defendant's arrest was completely attenuated from that arrest; and the hearing court's finding that the victim had an independent source for his in-court identification is amply supported by the record. Defendant's claims concerning a lineup identification by a witness who did not testify at trial, including his right to counsel claim, are moot.
Defendant's remaining claims are similar to claims rejected by this Court on the codefendant's appeal (People v Maldonado, 283 AD2d 282, revd on other grounds 97 NY2d 522), and there is no basis for reaching a different result herein.
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Poventud v. City of N.Y.
...the second degree and several other related crimes. New York courts upheld Poventud's conviction on appeal. People v. Poventud, 300 A.D.2d 223, 752 N.Y.S.2d 654 (1st Dep't 2002), leave denied,1 N.Y.3d 578, 775 N.Y.S.2d 794, 807 N.E.2d 907 (2003). In 2004, Poventud successfully brought a sta......
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Poventud v. City of N.Y.
...murder in the second degree and several other related crimes. New York courts upheld Poventud's conviction on appeal. People v. Poventud, 300 A.D.2d 223 (1st Dep't 2002), leave denied, 1 N.Y.3d 578 (2003). In 2004, Poventud successfully brought a state collateral challenge to his conviction......
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Poventud v. City of N.Y.
...and Marion Avenue in the Bronx. The conviction and the 10–to–20 year sentence were affirmed on appeal. See People v. Poventud, 300 A.D.2d 223, 224, 752 N.Y.S.2d 654 (1st Dep't 2002). In 2005, the New York Supreme Court, Bronx County, vacated the conviction and ordered a re-trial on the grou......
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People v. Jones
...[intervening circumstances found because issuance of warrant followed illegal seizure, but preceded lineup]; People v. Poventud, 300 A.D.2d 223, 223, 752 N.Y.S.2d 654 [1st Dept.2002] [intervening circumstances where lineup was held two weeks after illegal arrest] ). Here, there was no warra......