People v. Herring

Appellate Division of the Supreme Court of New York

People v. Herring

163 A.D.2d 864, 559 N.Y.S.2d 836, 1990 N.Y. App. Div. LEXIS 9552

Procedural entryThis page is a short order in People v. Herring. Read the opinion of the Court — 149 A.D.2d 731 →

Appellate Division of the Supreme Court of the State of New York·Decided July 13, 1990·Published

Opinion

Judgment unanimously affirmed. Memorandum: We agree with the suppression court that the array of photographs shown to the prosecution witness was not suggestive and that the portions of the tape recording offered into evidence were audible. (Appeal from judgment of Ontario County Court, Reed, J.—criminal sale of controlled substance, third degree.) Present—Dillon, P. J., Doerr, Boomer, Lawton and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: We agree with the suppression court that the array of photographs shown to the prosecution witness was not suggestive and that the portions of the tape recording offered into evidence were audible. (Appeal from judgment of Ontario County Court, Reed, J.—criminal sale of controlled substance, third degree.) Present—Dillon, P. J., Doerr, Boomer, Lawton and Davis, JJ.

People v. Herring, 163 A.D.2d 864, 559 N.Y.S.2d 836, 1990 N.Y. App. Div. LEXIS 9552 (N.Y. Ct. App. 1990).

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