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People v. Lamar Banks

244 A.D.2d 345, 665 N.Y.S.2d 322, 1997 N.Y. App. Div. LEXIS 10981
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 3, 1997
StatusPublished

This text of 244 A.D.2d 345 (People v. Lamar Banks) 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. Lamar Banks, 244 A.D.2d 345, 665 N.Y.S.2d 322, 1997 N.Y. App. Div. LEXIS 10981 (N.Y. Ct. App. 1997).

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered January 22, 1996, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, 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 contentions, the lineup was fair and not impermissibly suggestive (People v Tinnen, 238 AD2d 615; People v Bookman, 232 AD2d 498; People v Biggs, 221 AD2d 649; People v Pinckney, 220 AD2d 539; see also, People v Chipp, 75 NY2d 327, 336, cert denied 49 US 833). Moreover, the record supports the hearing court’s determination that defense counsel was given appropriate notice and a reasonable opportunity to attend the lineup (see, People v Pena, 242 AD2d 545; People v McRae, 195 AD2d 180; cf., People v LaClere, 76 NY2d 670).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Thompson, Santucci and McGinity, JJ., concur.

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Related

People v. Chipp
552 N.E.2d 608 (New York Court of Appeals, 1990)
People v. LaClere
564 N.E.2d 640 (New York Court of Appeals, 1990)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. McRae
195 A.D.2d 180 (Appellate Division of the Supreme Court of New York, 1994)
People v. Pinckney
220 A.D.2d 539 (Appellate Division of the Supreme Court of New York, 1995)
People v. Lynnard Biggs
221 A.D.2d 649 (Appellate Division of the Supreme Court of New York, 1995)
People v. Bookman
232 A.D.2d 498 (Appellate Division of the Supreme Court of New York, 1996)
People v. Tinnen
238 A.D.2d 615 (Appellate Division of the Supreme Court of New York, 1997)
People v. Pena
242 A.D.2d 545 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
244 A.D.2d 345, 665 N.Y.S.2d 322, 1997 N.Y. App. Div. LEXIS 10981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lamar-banks-nyappdiv-1997.