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People v. Dufresne

130 A.D.2d 949, 516 N.Y.S.2d 145, 1987 N.Y. App. Div. LEXIS 46929
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 22, 1987
StatusPublished

This text of 130 A.D.2d 949 (People v. Dufresne) 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. Dufresne, 130 A.D.2d 949, 516 N.Y.S.2d 145, 1987 N.Y. App. Div. LEXIS 46929 (N.Y. Ct. App. 1987).

Opinion

Judgment unanimously affirmed. Memorandum: The suppression court correctly concluded that testimony identifying defendant was admissible. The showup procedure utilized here was not unduly suggestive and was justified in view of the fact that defendant was apprehended within minutes of the crime and close to the crime scene thus allowing for prompt identification (see, People v Love, 57 NY2d 1023, 1024; People v Brnja, 50 NY2d 366). Further, the testimony of the victim at the Wade hearing established that there was an independent basis for an in-court identification (see, People v Adams, 53 NY2d 241; People v Siplin, 120 AD2d 933). (Appeal from judgment of Onondaga County Court, Cunningham, J.—attempted robbery, first degree.) Present—Doerr, J. P., Denman, Green, Balio and Davis, JJ.

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Related

People v. Adams
423 N.E.2d 379 (New York Court of Appeals, 1981)
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. Siplin
120 A.D.2d 933 (Appellate Division of the Supreme Court of New York, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
130 A.D.2d 949, 516 N.Y.S.2d 145, 1987 N.Y. App. Div. LEXIS 46929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dufresne-nyappdiv-1987.