People v. Basu

Appellate Division of the Supreme Court of New York

People v. Basu

2017 NY Slip Op 999, 147 A.D.3d 869, 46 N.Y.S.3d 425

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

DecidedFebruary 8, 2017

Docket2012-05971

StatusPublished

This text of 2017 NY Slip Op 999 (People v. Basu) 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. Basu, 2017 NY Slip Op 999, 147 A.D.3d 869, 46 N.Y.S.3d 425 (N.Y. Ct. App. 2017).

Pincite

Opinion

Appeals by the defendant from two judgments of the Supreme Court, Kings County (Firetog, J.), both rendered May 24, 2012, convicting him of criminal possession of a weapon in the second degree, under indictment No. 11826/08, and manslaughter in the first degree, *870 criminal possession of a weapon in the second degree, and assault in the second degree (two counts), under indictment No: 4055/09, upon his pleas of guilty, and imposing sentences. The appeal from the judgment under indictment No. 4055/09 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 judgments are affirmed.

The defendant’s waiver of his right to appeal was invalid (see People v Innocent, 132 AD3d 696 [2015]).

However, the defendant’s contention that the lineups were unduly suggestive is partially unpreserved for appellate review and, in any event, without merit (see People v Speaks, 124 AD3d 689, 690 [2015], affd 28 NY3d 990 [2016]; People v Villacreses, 12 AD3d 624, 625 [2004]).

The sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contention, raised in his pro se supplemental brief, is without merit.

Dillon, J.P., Hall, Hinds-Radix and Brathwaite Nelson, JJ., concur.

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Appeals by the defendant from two judgments of the Supreme Court, Kings County (Firetog, J.), both rendered May 24, 2012, convicting him of criminal possession of a weapon in the second degree, under indictment No. 11826/08, and manslaughter in the first degree, *870 criminal possession of a weapon in the second degree, and assault in the second degree (two counts), under indictment No: 4055/09, upon his pleas of guilty, and imposing sentences. The appeal from the judgment under indictment No. 4055/09 brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.