People v. Facey

Appellate Division of the Supreme Court of New York

People v. Facey

261 A.D.2d 207, 690 N.Y.S.2d 51, 1999 N.Y. App. Div. LEXIS 5283

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

DecidedMay 13, 1999

StatusPublished

This text of 261 A.D.2d 207 (People v. Facey) 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. Facey, 261 A.D.2d 207, 690 N.Y.S.2d 51, 1999 N.Y. App. Div. LEXIS 5283 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (James Yates, J.), rendered November 16, 1995, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

Defendant’s motion to suppress identification testimony was properly denied. The victim’s prompt identification of defendant at a subway station close in both space and time to the robbery situs was not rendered unduly suggestive by the circumstance that police officers merely asked the witness if he recognized defendant (see, People v Duuvon, 77 NY2d 541; People v Davis, 256 AD2d 49). Concur — Sullivan, J. P., Nardelli, Wallach, Andrias and Saxe, JJ.

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—Judgment, Supreme Court, New York County (James Yates, J.), rendered November 16, 1995, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

Defendant’s motion to suppress identification testimony was properly denied. The victim’s prompt identification of defendant at a subway station close in both space and time to the robbery situs was not rendered unduly suggestive by the circumstance that police officers merely asked the witness if he recognized defendant (see, People v Duuvon, 77 NY2d 541; People v Davis, 256 AD2d 49). Concur — Sullivan, J. P., Nardelli, Wallach, Andrias and Saxe, JJ.

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Bluebook (online)

261 A.D.2d 207, 690 N.Y.S.2d 51, 1999 N.Y. App. Div. LEXIS 5283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-facey-nyappdiv-1999.

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