People v. Wallington

Appellate Division of the Supreme Court of New York

People v. Wallington

193 A.D.2d 553, 597 N.Y.S.2d 704, 1993 N.Y. App. Div. LEXIS 5265

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

DecidedMay 25, 1993

StatusPublished

This text of 193 A.D.2d 553 (People v. Wallington) 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. Wallington, 193 A.D.2d 553, 597 N.Y.S.2d 704, 1993 N.Y. App. Div. LEXIS 5265 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered May 17, 1991, convicting defendant, after a jury trial, of robbery in the first degree (two counts) and robbery in the second degree, and sentencing him to concurrent terms of 2 to 6 years, 10 to 20 years, and IV2 to &V2 years, respectively, unanimously affirmed.

A showup identification of defendant two blocks from the crime scene and approximately five minutes after he and two accomplices robbed and almost fatally wounded a store owner was not unduly suggestive (compare, People v Johnson, 81 NY2d 828). The sentence, which is less than the maximum allowed, is not unduly harsh in view of the violent nature of the crime. Concur—Sullivan, J. P., Ross, Kassal and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered May 17, 1991, convicting defendant, after a jury trial, of robbery in the first degree (two counts) and robbery in the second degree, and sentencing him to concurrent terms of 2 to 6 years, 10 to 20 years, and IV2 to &V2 years, respectively, unanimously affirmed.

A showup identification of defendant two blocks from the crime scene and approximately five minutes after he and two accomplices robbed and almost fatally wounded a store owner was not unduly suggestive (compare, People v Johnson, 81 NY2d 828). The sentence, which is less than the maximum allowed, is not unduly harsh in view of the violent nature of the crime. Concur—Sullivan, J. P., Ross, Kassal and Nardelli, JJ.

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Bluebook (online)

193 A.D.2d 553, 597 N.Y.S.2d 704, 1993 N.Y. App. Div. LEXIS 5265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wallington-nyappdiv-1993.

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