People v. Gibbs

Appellate Division of the Supreme Court of New York

People v. Gibbs

259 A.D.2d 495, 684 N.Y.S.2d 797, 1999 N.Y. App. Div. LEXIS 2010

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

DecidedMarch 1, 1999

StatusPublished

Cited by2 cases

This text of 259 A.D.2d 495 (People v. Gibbs) 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. Gibbs, 259 A.D.2d 495, 684 N.Y.S.2d 797, 1999 N.Y. App. Div. LEXIS 2010 (N.Y. Ct. App. 1999).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered September 11, 1997, convicting him of robbery in the first degree (two counts), robbery in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), criminal possession of stolen property in the third degree, grand larceny in the third degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Appelman, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

Contrary to the defendant’s assertions on appeal, the hearing court properly determined that, on the totality of the circumstances, the police had reasonable suspicion to stop and detain the defendant pending a showup identification (see, People v Hicks, 68 NY2d 234; People v Brnja, 50 NY2d 366). Thus, suppression was properly denied.

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Miller, J. P., Ritter, Florio and Luciano, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered September 11, 1997, convicting him of robbery in the first degree (two counts), robbery in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), criminal possession of stolen property in the third degree, grand larceny in the third degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Appelman, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

Contrary to the defendant’s assertions on appeal, the hearing court properly determined that, on the totality of the circumstances, the police had reasonable suspicion to stop and detain the defendant pending a showup identification (see, People v Hicks, 68 NY2d 234; People v Brnja, 50 NY2d 366). Thus, suppression was properly denied.

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Miller, J. P., Ritter, Florio and Luciano, JJ., concur.

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Bluebook (online)

259 A.D.2d 495, 684 N.Y.S.2d 797, 1999 N.Y. App. Div. LEXIS 2010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gibbs-nyappdiv-1999.

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