People v. Lobban

Appellate Division of the Supreme Court of New York

People v. Lobban

288 A.D.2d 399, 733 N.Y.S.2d 628, 734 N.Y.S.2d 455, 2001 N.Y. App. Div. LEXIS 11213

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

DecidedNovember 19, 2001

StatusPublished

Cited by2 cases

This text of 288 A.D.2d 399 (People v. Lobban) 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. Lobban, 288 A.D.2d 399, 733 N.Y.S.2d 628, 734 N.Y.S.2d 455, 2001 N.Y. App. Div. LEXIS 11213 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered December 11, 1997, convicting him of murder in the second degree and burglary in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Wade, 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 contention, the lineup procedure was not “so unnecessarily suggestive and conducive to irreparable mistaken identification that he was denied due process of law” (Stovall v Denno, 388 US 293, 302; see, People v Logan, 25 NY2d 184, cert denied 396 US 1020).

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

The defendant’s remaining contention is without merit. Ritter, J. P., Feuerstein, Townes and Prudenti, JJ., concur.

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