People v. Velez
Opinion of the Court
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered February 3, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
Judgment affirmed.
On this appeal, defendant contends that Criminal Term erred in denying his motion to suppress identification testimony because a witness was shown his photograph at the scene of the crime and his lineup was tainted. First, the witness saw the defendant prior to the crime and following the crime pursued him. When the police arrived, he gave them a description. The police requested that he remain on the scene while they investigated. In approximately one hour, they returned with a photograph and showed it to the witness, who immediately identified the defendant. The facts do not demonstrate that there was any suggestiveness in showing the photograph to the witness while his memory was fresh and a quick verification of identity could be made (People v Acevedo, 102 AD2d 336).
Second, defendant argues that an Assistant District Attorney committed error when, in requesting the witness’s presence at the lineup, he said: “if you can pick out the same fellow you
Case-law data current through December 31, 2025. Source: CourtListener bulk data.