People v. Beckett

Appellate Division of the Supreme Court of New York

People v. Beckett

290 A.D.2d 218, 735 N.Y.S.2d 753, 2002 N.Y. App. Div. LEXIS 340

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

DecidedJanuary 3, 2002

StatusPublished

This text of 290 A.D.2d 218 (People v. Beckett) 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. Beckett, 290 A.D.2d 218, 735 N.Y.S.2d 753, 2002 N.Y. App. Div. LEXIS 340 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (Carol Berkman, J., at suppression hearing; Jeffrey Atlas, J., at jury trial and sentence), rendered December 1, 1998, convicting defendant of robbery in the first degree, coercion in the first degree, and criminal possession of a weapon in the second and third degrees, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, 31/2 to 7 years, 16 years to life, and 12 years to life, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The activity observed by the police at the scene of the robbery, and defendant’s ensuing flight, clearly created reasonable suspicion upon which to forcibly detain defendant for the purpose of conducting a showup identification. The evidence warrants the inference that the nontestifying officer recognized defendant as [219]*219the same person he and his partner had been pursuing from the robbery scene, and detained him on that basis (see, Matter of Jose R., 88 NY2d 863, 865).

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent felony offender is unpreserved for appellate review and, in any event, is without merit (see, People v Rosen, 96 NY2d 329, cert denied 534 US —, 151 L Ed 2d 160).

We have considered and rejected defendant’s remaining contentions. Nardelli, J.P., Williams, Andrias, Saxe and Friedman, JJ.

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Judgment, Supreme Court, New York County (Carol Berkman, J., at suppression hearing; Jeffrey Atlas, J., at jury trial and sentence), rendered December 1, 1998, convicting defendant of robbery in the first degree, coercion in the first degree, and criminal possession of a weapon in the second and third degrees, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, 31/2 to 7 years, 16 years to life, and 12 years to life, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The activity observed by the police at the scene of the robbery, and defendant’s ensuing flight, clearly created reasonable suspicion upon which to forcibly detain defendant for the purpose of conducting a showup identification. The evidence warrants the inference that the nontestifying officer recognized defendant as [219]*219the same person he and his partner had been pursuing from the robbery scene, and detained him on that basis (see, Matter of Jose R., 88 NY2d 863, 865).

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent felony offender is unpreserved for appellate review and, in any event, is without merit (see, People v Rosen, 96 NY2d 329, cert denied 534 US —, 151 L Ed 2d 160).

We have considered and rejected defendant’s remaining contentions. Nardelli, J.P., Williams, Andrias, Saxe and Friedman, JJ.

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Bluebook (online)

290 A.D.2d 218, 735 N.Y.S.2d 753, 2002 N.Y. App. Div. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beckett-nyappdiv-2002.

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