People v. Moss

Appellate Division of the Supreme Court of New York

People v. Moss

161 A.D.2d 1166, 558 N.Y.S.2d 868, 1990 N.Y. App. Div. LEXIS 9172

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

DecidedMay 11, 1990

StatusPublished

This text of 161 A.D.2d 1166 (People v. Moss) 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. Moss, 161 A.D.2d 1166, 558 N.Y.S.2d 868, 1990 N.Y. App. Div. LEXIS 9172 (N.Y. Ct. App. 1990).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant’s claim that he was denied the effective assistance of counsel at his Wade hearing is lacking in merit (see, People v Rivera, 71 NY2d 705, 708-709; People v Baldi, 54 NY2d 137, 147; see also, Strickland v Washington, 466 US 668, 694). Our review of the record reveals that the facts and circumstances surrounding the procedures used by the police in assembling the photo array and in conducting the identification proceeding were fully developed at the hearing. The hearing court’s determination that the victim’s identification was not tainted by any sugges[1167]*1167tive police conduct is fully supported by the record. (Appeal from judgment of Supreme Court, Erie County, Dadd, J.— rape, first degree.) Present—Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant’s claim that he was denied the effective assistance of counsel at his Wade hearing is lacking in merit (see, People v Rivera, 71 NY2d 705, 708-709; People v Baldi, 54 NY2d 137, 147; see also, Strickland v Washington, 466 US 668, 694). Our review of the record reveals that the facts and circumstances surrounding the procedures used by the police in assembling the photo array and in conducting the identification proceeding were fully developed at the hearing. The hearing court’s determination that the victim’s identification was not tainted by any sugges[1167]*1167tive police conduct is fully supported by the record. (Appeal from judgment of Supreme Court, Erie County, Dadd, J.— rape, first degree.) Present—Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.

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Bluebook (online)

161 A.D.2d 1166, 558 N.Y.S.2d 868, 1990 N.Y. App. Div. LEXIS 9172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moss-nyappdiv-1990.

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