People v. Correa

Appellate Division of the Supreme Court of New York

People v. Correa

200 A.D.2d 415, 608 N.Y.S.2d 802, 1994 N.Y. App. Div. LEXIS 276

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

DecidedJanuary 11, 1994

StatusPublished

Cited by4 cases

This text of 200 A.D.2d 415 (People v. Correa) 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. Correa, 200 A.D.2d 415, 608 N.Y.S.2d 802, 1994 N.Y. App. Div. LEXIS 276 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 14, 1989, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

Since the identification was not police-arranged, suppression was properly denied (People v Gissendanner, 48 NY2d 543, 552).

We find nothing in the record to indicate that defendant was "compelled” to conduct jury selection prior to the Wade hearing. Moreover, any irregularity under CPL 710.40 (3) was waived by defendant’s failure to object (People v Melendez, 141 AD2d 860, lv denied 73 NY2d 788). Concur — Carro, J. P., Ellerin, Kupferman and Ross, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 14, 1989, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

Since the identification was not police-arranged, suppression was properly denied (People v Gissendanner, 48 NY2d 543, 552).

We find nothing in the record to indicate that defendant was "compelled” to conduct jury selection prior to the Wade hearing. Moreover, any irregularity under CPL 710.40 (3) was waived by defendant’s failure to object (People v Melendez, 141 AD2d 860, lv denied 73 NY2d 788). Concur — Carro, J. P., Ellerin, Kupferman and Ross, JJ.

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Bluebook (online)

200 A.D.2d 415, 608 N.Y.S.2d 802, 1994 N.Y. App. Div. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-correa-nyappdiv-1994.

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