People v. Bianco

Appellate Division of the Supreme Court of New York

People v. Bianco

265 A.D.2d 335, 696 N.Y.S.2d 76, 1999 N.Y. App. Div. LEXIS 9603

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

DecidedOctober 4, 1999

StatusPublished

Cited by1 cases

This text of 265 A.D.2d 335 (People v. Bianco) 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. Bianco, 265 A.D.2d 335, 696 N.Y.S.2d 76, 1999 N.Y. App. Div. LEXIS 9603 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered August 15, 1997, convicting him of robbery in the first degree, robbery in the second degree, and unlawful imprisonment, upon a jury verdict, and imposing sentence. The appeal 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 judgment is affirmed.

Contrary to the defendant’s arguments on appeal, the hearing record was sufficient to support a determination that the photograph used to identify the defendant was not the “fruit” of a prior illegal detention (see, People v Gethers, 86 NY2d 159). Accordingly, suppression was properly denied. Ritter, J. P., Thompson, Feuerstein and Smith, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered August 15, 1997, convicting him of robbery in the first degree, robbery in the second degree, and unlawful imprisonment, upon a jury verdict, and imposing sentence. The appeal 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 judgment is affirmed.

Contrary to the defendant’s arguments on appeal, the hearing record was sufficient to support a determination that the photograph used to identify the defendant was not the “fruit” of a prior illegal detention (see, People v Gethers, 86 NY2d 159). Accordingly, suppression was properly denied. Ritter, J. P., Thompson, Feuerstein and Smith, JJ., concur.

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Bluebook (online)

265 A.D.2d 335, 696 N.Y.S.2d 76, 1999 N.Y. App. Div. LEXIS 9603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bianco-nyappdiv-1999.

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