People v. Shields

Appellate Division of the Supreme Court of New York

People v. Shields

155 A.D.2d 978, 547 N.Y.S.2d 783, 1989 N.Y. App. Div. LEXIS 14863

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

DecidedNovember 15, 1989

StatusPublished

Cited by10 cases

This text of 155 A.D.2d 978 (People v. Shields) 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. Shields, 155 A.D.2d 978, 547 N.Y.S.2d 783, 1989 N.Y. App. Div. LEXIS 14863 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: Defendant was charged in a felony complaint with robbery in the first degree and other crimes. While the felony complaint was pending in Rochester City Court, but before the case was presented to a Grand Jury, an order was entered in Monroe County Court compelling defendant to appear in a lineup. Defendant contends that County Court lacked jurisdiction because CPL 240.40 (2) does not authorize entry of such an order when a felony complaint is the pending accusatory instrument. The argument is without merit, and we reject decisions at nisi prius holding to the contrary (see, e.g., People v Steiner, 103 Misc 2d 844). It is well established that a suspect may be ordered to appear in a lineup, or provide other nontestimonial evidence, when "the People establish (1) probable cause to believe the suspect has committed the crime, (2) a 'clear indication’ that relevant material evidence will be found, and (3) the method used to secure it is safe and reliable.” (Matter of Abe A., 56 NY2d 288, 291; see, People v London, 124 AD2d 254, 256, lv denied 68 NY2d 1001; see also, Matter of Pidgeon v Rubin, 80 AD2d 568.) (Appeal from judgment of Monroe County Court, Celli, J.— robbery, first degree.) Present — Dillon, P. J., Callahan, Green, Pine and Davis, JJ.

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— Judgment unanimously affirmed. Memorandum: Defendant was charged in a felony complaint with robbery in the first degree and other crimes. While the felony complaint was pending in Rochester City Court, but before the case was presented to a Grand Jury, an order was entered in Monroe County Court compelling defendant to appear in a lineup. Defendant contends that County Court lacked jurisdiction because CPL 240.40 (2) does not authorize entry of such an order when a felony complaint is the pending accusatory instrument. The argument is without merit, and we reject decisions at nisi prius holding to the contrary (see, e.g., People v Steiner, 103 Misc 2d 844). It is well established that a suspect may be ordered to appear in a lineup, or provide other nontestimonial evidence, when "the People establish (1) probable cause to believe the suspect has committed the crime, (2) a 'clear indication’ that relevant material evidence will be found, and (3) the method used to secure it is safe and reliable.” (Matter of Abe A., 56 NY2d 288, 291; see, People v London, 124 AD2d 254, 256, lv denied 68 NY2d 1001; see also, Matter of Pidgeon v Rubin, 80 AD2d 568.) (Appeal from judgment of Monroe County Court, Celli, J.— robbery, first degree.) Present — Dillon, P. J., Callahan, Green, Pine and Davis, JJ.

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Bluebook (online)

155 A.D.2d 978, 547 N.Y.S.2d 783, 1989 N.Y. App. Div. LEXIS 14863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shields-nyappdiv-1989.

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