People v. Baptiste

Appellate Division of the Supreme Court of New York

People v. Baptiste

248 A.D.2d 479, 668 N.Y.S.2d 923, 1998 N.Y. App. Div. LEXIS 2263

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 9, 1998

StatusPublished

Cited by4 cases

This text of 248 A.D.2d 479 (People v. Baptiste) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Baptiste, 248 A.D.2d 479, 668 N.Y.S.2d 923, 1998 N.Y. App. Div. LEXIS 2263 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered December 8, 1995, convicting him of robbery in the first degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.

[480]*480Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the “point-out” identification at issue was a witness-initiated procedure (see, People v Flores, 232 AD2d 654; People v Burgos, 219 AD2d 504; cf, People v Dixon, 85 NY2d 218). Thus, the People are not required to provide notice pursuant to CPL 710.30 that they intend to present evidence of the identification at trial (see, People v Burgos, supra).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit.

Rosenblatt, J. P., O’Brien, Ritter and Goldstein, JJ., concur.

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