People v. Perez

Appellate Division of the Supreme Court of New York

People v. Perez

202 A.D.2d 319, 609 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 2713

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

DecidedMarch 22, 1994

StatusPublished

Cited by1 cases

This text of 202 A.D.2d 319 (People v. Perez) 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. Perez, 202 A.D.2d 319, 609 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 2713 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered May 4, 1988, convicting defendant, after a plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 8 years to life imprisonment, consecutive to any remaining Federal parole time, unanimously affirmed.

As this Court previously determined on codefendant’s appeal, the "motion to suppress was properly denied. The arresting officer’s fear that defendant and her companions would destroy the contraband was reasonable. * * * Even if the officers could have devised a better plan to arrest the co-defendant [the defendant in this appeal], the officers’ lack of foresight made the urgency no less a reality” (People v Rodriguez, 170 AD2d 303, lv denied 77 NY2d 966).

We also find that the identification of defendant, two hours after he had been arrested, by an officer who had previously observed defendant during the ongoing investigatory surveillance was merely confirmatory and did not warrant a Wade hearing (see, People v Wharton, 74 NY2d 921). Concur — Sullivan, J. P., Wallach, Ross, Asch and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered May 4, 1988, convicting defendant, after a plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 8 years to life imprisonment, consecutive to any remaining Federal parole time, unanimously affirmed.

As this Court previously determined on codefendant’s appeal, the "motion to suppress was properly denied. The arresting officer’s fear that defendant and her companions would destroy the contraband was reasonable. * * * Even if the officers could have devised a better plan to arrest the co-defendant [the defendant in this appeal], the officers’ lack of foresight made the urgency no less a reality” (People v Rodriguez, 170 AD2d 303, lv denied 77 NY2d 966).

We also find that the identification of defendant, two hours after he had been arrested, by an officer who had previously observed defendant during the ongoing investigatory surveillance was merely confirmatory and did not warrant a Wade hearing (see, People v Wharton, 74 NY2d 921). Concur — Sullivan, J. P., Wallach, Ross, Asch and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

202 A.D.2d 319, 609 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 2713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-perez-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack