People v. Tubbs

Appellate Division of the Supreme Court of New York

People v. Tubbs

249 A.D.2d 936, 671 N.Y.S.2d 396, 1998 N.Y. App. Div. LEXIS 5030

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

DecidedApril 29, 1998

StatusPublished

Cited by1 cases

This text of 249 A.D.2d 936 (People v. Tubbs) 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. Tubbs, 249 A.D.2d 936, 671 N.Y.S.2d 396, 1998 N.Y. App. Div. LEXIS 5030 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [2]), two counts of assault in the second degree (Penal Law § 120.05 [2], [6]) and grand larceny in the fourth degree (Penal. Law § 155.30 [5]). Defendant argues that a showup identification procedure held at Rochester General Hospital, where the shooting victim was undergoing medical treatment, was unduly suggestive. The showup at the hospital within one hour of the shooting was justified by the necessity for prompt identification and was not unduly suggestive (see, People v Blanche, 90 NY2d 821, 822; see also, People v McBride, 190 AD2d 573, 573-574). (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Robbery, 1st Degree.) Present — Denman, P. J., Green, Wisner, Pigott, Jr., and Fallon, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [2]), two counts of assault in the second degree (Penal Law § 120.05 [2], [6]) and grand larceny in the fourth degree (Penal. Law § 155.30 [5]). Defendant argues that a showup identification procedure held at Rochester General Hospital, where the shooting victim was undergoing medical treatment, was unduly suggestive. The showup at the hospital within one hour of the shooting was justified by the necessity for prompt identification and was not unduly suggestive (see, People v Blanche, 90 NY2d 821, 822; see also, People v McBride, 190 AD2d 573, 573-574). (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Robbery, 1st Degree.) Present — Denman, P. J., Green, Wisner, Pigott, Jr., and Fallon, JJ.

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Bluebook (online)

249 A.D.2d 936, 671 N.Y.S.2d 396, 1998 N.Y. App. Div. LEXIS 5030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tubbs-nyappdiv-1998.

Opinion

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