People v. Carter

Appellate Division of the Supreme Court of New York

People v. Carter

239 A.D.2d 156, 657 N.Y.S.2d 893, 1997 N.Y. App. Div. LEXIS 4887

Appellate Division of the Supreme Court of the State of New York·Decided May 6, 1997·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, Bronx County (Irene Duffy, J., at Wade hearing; William Donnino, J., at plea and sentence), rendered February 3, 1995, convicting defendant of attempted murder in the second degree, and robbery in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 to 12 and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s valid waiver at his plea allocution of his right to challenge, inter alia, all identification procedures used by the police, including the use of a photo array of suspects by an eyewitness and a subsequent lineup, forecloses appellate review. Concur—Sullivan, J. P., Milonas, Wallach and Mazzarelli, JJ.

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Judgment, Supreme Court, Bronx County (Irene Duffy, J., at Wade hearing; William Donnino, J., at plea and sentence), rendered February 3, 1995, convicting defendant of attempted murder in the second degree, and robbery in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 to 12 and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s valid waiver at his plea allocution of his right to challenge, inter alia, all identification procedures used by the police, including the use of a photo array of suspects by an eyewitness and a subsequent lineup, forecloses appellate review. Concur—Sullivan, J. P., Milonas, Wallach and Mazzarelli, JJ.

People v. Carter, 239 A.D.2d 156, 657 N.Y.S.2d 893, 1997 N.Y. App. Div. LEXIS 4887 (N.Y. Ct. App. 1997).

Pincite

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Opinion

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