People v. Epps

Appellate Division of the Supreme Court of New York

People v. Epps

155 A.D.2d 933, 547 N.Y.S.2d 755, 1989 N.Y. App. Div. LEXIS 14791

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

DecidedNovember 15, 1989

StatusPublished

Cited by1 cases

This text of 155 A.D.2d 933 (People v. Epps) 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. Epps, 155 A.D.2d 933, 547 N.Y.S.2d 755, 1989 N.Y. App. Div. LEXIS 14791 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: Defendant was convicted of two counts each of first degree robbery and third degree criminal possession of a weapon as a result of two incidents which occurred on the same evening. The trial court properly denied defendant’s application for a Wade hearing with respect to one of the [934]*934victims who knew defendant prior to the incident (see, People v Tas, 51 NY2d 915, 916; People v Gissendanner, 48 NY2d 543, 552). Although defendant was entitled to a Wade hearing to challenge the other victim’s identification as the product of a suggestive photo array, the error was harmless because there was sufficient evidence, independent of the identification, to establish defendant’s guilt (see, People v Crimmins, 36 NY2d 230). The court properly refused to charge grand larceny as a lesser included offense of first degree robbery because there was no reasonable view of the evidence that defendant committed only a larceny (see, People v Glover, 57 NY2d 61, 63; People v Asan, 22 NY2d 526, 532). We have considered defendant’s remaining claims and find each one lacking in merit. (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — robbery, first degree; criminal possession of weapon, third degree.) Present — Denman, J. P., Boomer, Green, Pine and Davis, JJ.

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— Judgment unanimously affirmed. Memorandum: Defendant was convicted of two counts each of first degree robbery and third degree criminal possession of a weapon as a result of two incidents which occurred on the same evening. The trial court properly denied defendant’s application for a Wade hearing with respect to one of the [934]*934victims who knew defendant prior to the incident (see, People v Tas, 51 NY2d 915, 916; People v Gissendanner, 48 NY2d 543, 552). Although defendant was entitled to a Wade hearing to challenge the other victim’s identification as the product of a suggestive photo array, the error was harmless because there was sufficient evidence, independent of the identification, to establish defendant’s guilt (see, People v Crimmins, 36 NY2d 230). The court properly refused to charge grand larceny as a lesser included offense of first degree robbery because there was no reasonable view of the evidence that defendant committed only a larceny (see, People v Glover, 57 NY2d 61, 63; People v Asan, 22 NY2d 526, 532). We have considered defendant’s remaining claims and find each one lacking in merit. (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — robbery, first degree; criminal possession of weapon, third degree.) Present — Denman, J. P., Boomer, Green, Pine and Davis, JJ.

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Bluebook (online)

155 A.D.2d 933, 547 N.Y.S.2d 755, 1989 N.Y. App. Div. LEXIS 14791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-epps-nyappdiv-1989.

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