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People v. Dobbs

134 A.D.2d 924, 521 N.Y.S.2d 1014, 1987 N.Y. App. Div. LEXIS 51123
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 10, 1987
StatusPublished

This text of 134 A.D.2d 924 (People v. Dobbs) 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. Dobbs, 134 A.D.2d 924, 521 N.Y.S.2d 1014, 1987 N.Y. App. Div. LEXIS 51123 (N.Y. Ct. App. 1987).

Opinion

— Judgment unanimously affirmed. Memorandum: The record at the suppression hearing supports the court’s finding that the police had probable cause to arrest defendant without the necessity of a warrant. Thus, defendant’s motion to suppress was properly denied (CPL 140.10 [1] [b]; People v Lombardi, 18 AD2d 177, affd 13 NY2d 1014).

We find no merit to defendant’s contention that the pretrial identification procedure was unduly suggestive (see, People v Love, 57 NY2d 1023, 1024; People v Brnja, 50 NY2d 366, 372; People v Smith, 38 NY2d 882; People v Blake, 35 NY2d 331, 336-337; People v Smith, 109 AD2d 1096, 1097-1098; People v Johnson, 102 AD2d 616, 627). From our review of the record, the evidence, although circumstantial, was legally sufficient to convict defendant of all charges. (Appeal from judgment of Niagara County Court, Hannigan, J. — burglary, third degree, and other offenses.) Present — Callahan, J. P., Denman, Boomer, Green and Balio, JJ.

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Related

People v. Lombardi
195 N.E.2d 306 (New York Court of Appeals, 1963)
People v. Blake
320 N.E.2d 625 (New York Court of Appeals, 1974)
People v. Smith
346 N.E.2d 546 (New York Court of Appeals, 1976)
People v. Brnja
406 N.E.2d 1066 (New York Court of Appeals, 1980)
People v. Love
443 N.E.2d 948 (New York Court of Appeals, 1982)
People v. Lombardi
18 A.D.2d 177 (Appellate Division of the Supreme Court of New York, 1963)
People v. Johnson
102 A.D.2d 616 (Appellate Division of the Supreme Court of New York, 1984)
People v. Smith
109 A.D.2d 1096 (Appellate Division of the Supreme Court of New York, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
134 A.D.2d 924, 521 N.Y.S.2d 1014, 1987 N.Y. App. Div. LEXIS 51123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dobbs-nyappdiv-1987.