People v. Owens

Appellate Division of the Supreme Court of New York

People v. Owens

107 A.D.2d 825, 484 N.Y.S.2d 663, 1985 N.Y. App. Div. LEXIS 42748

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

DecidedJanuary 28, 1985

StatusPublished

Cited by1 cases

This text of 107 A.D.2d 825 (People v. Owens) 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. Owens, 107 A.D.2d 825, 484 N.Y.S.2d 663, 1985 N.Y. App. Div. LEXIS 42748 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County (Golden, J.), rendered November 17, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

Although the photo array from which the complainant identified defendant was suggestive, suppression of her potential in-court identification testimony was not warranted since the People proved by clear and convincing evidence that there was ample opportunity for her to observe defendant during commission of the crime so as to provide a sufficient independent basis therefor (see People v Ballott, 20 NY2d 600; People v Burnett, 81 AD2d 868; People v Johnson, 79 AD2d 617). Titone, J. P., Mangano, Gibbons and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County (Golden, J.), rendered November 17, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

Although the photo array from which the complainant identified defendant was suggestive, suppression of her potential in-court identification testimony was not warranted since the People proved by clear and convincing evidence that there was ample opportunity for her to observe defendant during commission of the crime so as to provide a sufficient independent basis therefor (see People v Ballott, 20 NY2d 600; People v Burnett, 81 AD2d 868; People v Johnson, 79 AD2d 617). Titone, J. P., Mangano, Gibbons and O’Connor, JJ., concur.

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Bluebook (online)

107 A.D.2d 825, 484 N.Y.S.2d 663, 1985 N.Y. App. Div. LEXIS 42748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-owens-nyappdiv-1985.

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